TaiLexi AI U.S. Case Law

Moone v. Smith

Moone v. Smith, 67 S.E. 836 (Ga. Ct. App. 1910)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
April 19, 1910
Docket
No. 2430
Judges
Powell
Citations
67 S.E. 8367 Ga. App. 6751910 Ga. App. LEXIS 456
Summary
Action for damages; from city court of Atlanta — Judge Calhoun. November 18, 1910.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Powell

Text extracted by OCR from a scanned original; check the original for exact wording.

Powell, J.

1. The court erred in granting a nonsuit. Moone v. Smith, 6 Ga. App. 649 ( 65 S. E. 712 ), and eit.

2. The fact that the plaintiff was himself at the time of his injury engaged in an act violative of the penal laws of this State (in this case, gaming) does not preclude his recovery for damage resulting to him from the negligence of another, provided that his unlawful act did not proximately contribute to bringing about his injury. 29 Cyc. 125; Johnson v. Rome Ry. & Light Co., 4 Ca. App. 742, 745 ( 62 S. E. 491 ) ; Norris v. Litchfield, 35 N. H. 271 ( 69 Am. D. 546 ).

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1966: 119662026peak 1966 · 1

Relies on it most ⓘ

  1. Taylor v. Centennial Bowl, Inc.416 P.2d 793 (Cal. 1966)

Most recent

  1. Taylor v. Centennial Bowl, Inc.416 P.2d 793 (Cal. 1966)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Moone v. Smith, 65 S.E. 712 (Ga. Ct. App. 1909) 64
Johnson v. Rome Ry. & Light Co., 62 S.E. 491 (Ga. Ct. App. 1908) 3

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list