Vaughn v. American Freight System, Inc.

4 Citing cases

  1. Findlay v. Griffin

    225 Ga. App. 475 (Ga. Ct. App. 1997)   Cited 8 times
    In Findlay, we held that the charge on the duty to mitigate was required where there was evidence introduced that the plaintiff stopped treatment.

    " (Punctuation omitted.) Vaughn v. American Freight System, 164 Ga. App. 786, 787 ( 298 S.E.2d 284) (1982). Findlay's enumeration is without merit.

  2. Simpson v. Reed

    186 Ga. App. 297 (Ga. Ct. App. 1988)   Cited 12 times
    In Simpson, as in this case, the trial court merely gave the limiting instruction to explain the extent of the duty imposed upon a driver before entering a roadway.

    Accordingly, it was not error to so charge the jury. See Central of Ga. R. Co. v. Wooten, 163 Ga. App. 622, 623 (1) ( 295 S.E.2d 369) (1982); Vaughn v. American Freight System, 164 Ga. App. 786, 787 (4) ( 298 S.E.2d 284) (1982). 5.

  3. Brown v. Sims

    329 S.E.2d 523 (Ga. Ct. App. 1985)   Cited 12 times

    Applying the standard set forth in Lockard v. Davis, supra, we find that the charge on comparative negligence was adequately supported by the evidence in the case. See Vaughn v. American Freight System, 164 Ga. App. 786, 787 (4) ( 298 S.E.2d 284) (1982); Southern States, Inc. v. Thomason, 128 Ga. App. 667, 669-670 (2) ( 197 S.E.2d 429) (1973), overruled on other grounds, Smith v. Telecable of Columbus, 140 Ga. App. 755 ( 232 S.E.2d 100) (1976), reversed 238 Ga. 559 ( 234 S.E.2d 24) (1977). 5. For the reason discussed in Division 3, the trial court erred in denying appellants' motion for new trial.

  4. Westinghouse Elec. Corp. v. Williams

    173 Ga. App. 118 (Ga. Ct. App. 1984)   Cited 7 times
    Holding that an airport transit system operating on a guideway was not a railroad

    "The elements of the doctrine are: `(1) injury of a kind which ordinarily does not occur in the absence of someone's negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; and (3) it must not have been due to any voluntary action or contribution on the part of the plaintiff.' [Cit.]" Vaughn v. American Freight System, 164 Ga. App. 786 (3) ( 298 S.E.2d 284) (1982). Through the depositions of several of its personnel familiar with the AGTS, Westinghouse presented evidence which showed that the AGTS cars automatically stop if a power surge or outage occurs; if a passenger pulls an emergency stop release or pushes a control in a panel box within the car; if someone attempts to open a car door from within; or if someone attempts to open a platform door.