Western Atlantic Railroad v. Dalton

1 Citing case

  1. Cline v. Kehs

    246 S.E.2d 329 (Ga. Ct. App. 1978)   Cited 18 times

    Thus, in charging the doctrine of comparative negligence, the trial court must instruct the jury that the negligence of the plaintiff, in order to bar his recovery, must have proximately contributed as a cause of the injury received by the plaintiff. Jackson v. Matlock, 87 Ga. App. 593, 595 (4) ( 74 S.E.2d 667); Harmon v. Southwell, 98 Ga. App. 261 ( 105 S.E.2d 596); Western A. R. v. Dalton, 101 Ga. App. 468 ( 114 S.E.2d 293). The failure by the trial court to charge on proximate cause requires a reversal. Judgment reversed. Bell, C. J., and Shulman, J., concur.