History
  • No items yet
midpage
Shackleford v. Ridley
71 Ga. App. 568
Ga. Ct. App.
1944
Check Treatment

1. A charge on the subject of comparative negligence, which is not qualified by a statement of the principle of law that if the plaintiff's negligence is equal to or greater than the defendant's, the plaintiff can not recover, is erroneous. Mitchell v. Mullen, 45 Ga. App. 282 (8) (164 S.E. 276); Brown v. Meikleham, 34 Ga. App. 207 (128 S.E. 918).

2. Where the evidence failed to supply facts from which it could reasonably be determined what the plaintiff's damages by reason of loss of earning capacity were, a charge authorizing the jury to find any amount of damages because of loss of earning capacity was erroneous. Atlanta Coca-Cola Bottling Co. v. Deal, 66 Ga. App. 211 (17 S.E.2d 592), and cit.

3. There is no merit in the third special ground of the motion for a new trial.

4. The court erred in overruling the motion for a new trial.

Judgment reversed. Sutton, P. J., and Parker, J.,concur. *Page 569

Case Details

Case Name: Shackleford v. Ridley
Court Name: Court of Appeals of Georgia
Date Published: Sep 20, 1944
Citation: 71 Ga. App. 568
Docket Number: 30601.
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.