Crankshaw v. Piedmont Driving Club, Inc.

115 Ga. App. 820 · Court of Appeals of Georgia · 1967

Illustration of Crankshaw v. Piedmont Driving Club, Inc.

Facts

The plaintiff fell and was injured. She alleged that the defendant's negligent serving of unwholesome food to a third party, Miss Harris, was the proximate cause of her injury. An initial claim of failure to clean a substance was abandoned due to lack of notice.

Issue

Can the negligent serving of unwholesome food to a third party be considered the proximate cause of the plaintiff's injury as a matter of law, or are the damages too remote?

Holding

The trial court correctly sustained the general demurrer, finding that the defendant's actions were not the proximate cause of the plaintiff's injury as a matter of law. The judgment was affirmed.

Rule

Damages must be the legal and natural result of the tortious act; remote or imaginary damages are not recoverable. Proximate cause is a question for the jury unless the facts are so clear that only one reasonable conclusion can be drawn. In such cases, the court may decide proximate cause as a matter of law.

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