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Atlantic Coast Line R. v. Phillips

ATLANTIC COAST LINE R. CO. v. PHILLIPS

Atl. Coast Line R. v. Phillips, 67 S.E.2d 246 (Ga. Ct. App. 1951)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
October 18, 1951
Docket
No. 33737
Judges
Felton
Citations
67 S.E.2d 24684 Ga. App. 739

Opinion of the Court — Felton

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Felton, J.

This is a companion case to Atlantic Coast Line R. Co. v. Dolan, ante. In that case it was held that the sole proximate cause of the death of the driver of the truck was his own negligence in not avoiding the consequences of the alleged negligence of the railroad by the exercise of ordinary care. It follows that the widow of a guest of the driver of the truck in that case cannot recover for the reason that the sole proximate cause of the death of her husband was the negligence of the driver of the truck.

The court erred in overruling the general demurrer to count 2 of the petition.

Judgment reversed.

Sutton, C.J., and Worrill, J., concur.

How later courts describe this case

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

1960: 119602026peak 1960 · 1

Relies on it most ⓘ

  1. Fields v. Jackson115 S.E.2d 877 (Ga. Ct. App. 1960)

Most recent

  1. Fields v. Jackson115 S.E.2d 877 (Ga. Ct. App. 1960)

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.

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