Allyn & Bacon Book Publishers v. Nicholson

• Decision Date: 10 November 1938
• Docket Number: 26959.
• Citation: 199 S.E. 771,58 Ga.App. 729
• Parties: ALLYN & BACON BOOK PUBLISHERS et al. v. NICHOLSON et al.
• Court: Georgia Court of Appeals

199 S.E. 771

58 Ga.App. 729

ALLYN & BACON BOOK PUBLISHERS et al. v. NICHOLSON et al.

No. 26959.

Court of Appeals of Georgia, Second Division

November 10, 1938

Syllabus by Editorial Staff.

The proximate cause of an injury may be two separate and distinct acts of negligence acting concurrently in causing the injury.

The causal connection between an act of negligence and a resulting injury is not broken by an intervening act which immediately causes the injury, where the intervening act, in the exercise of due care, can be foreseen by the original wrongdoer.

The negligence of an intervening wrongdoer may concur with the negligence of an original wrongdoer in causing an injury, so that both are joint tort-feasors.

Where driver of school bus negligently and in violation of law stopped bus on left side of road to discharge school children, and one of the children proceeded across the road and was struck by an automobile coming from the opposite direction from which the bus had come, and on the left side of the street in violation of law, negligence of driver of bus was not, as a matter of law, the sole proximate cause of child's injuries, so as to relieve owner and driver of automobile from liability. Code 1933, §§ 68-310, 68-311.

Error from Superior Court, Whitfield County; C. C. Pittman, Judge.

Personal injury action by Robert Nicholson, by his next friend, etc and others, against the Allyn & Bacon Book Publishers and others. To review a judgment in favor of the plaintiffs, the defendants bring error.

Judgment affirmed.

Silas Williams, of Chattanooga, Tenn., and Mitchell & Mitchell, of Dalton, for plaintiffs in error.

Wm. E Mann, W. G. Mann, and R. Carter Pittman, all of Dalton, for defendants in error.

Syllabus OPINION

STEPHENS Presiding Judge.

1. The proximate cause of an injury may be two separate and distinct acts of negligence acting concurrently in causing the injury. O'Connor v. Brucker, 117 Ga. 451, 43 S.E. 731; Rollestone v. Cassirer & Co., 3 Ga.App. 161, 59 S.E 442; Kelly v. Georgia Ry. & Power Co., 24 Ga.App. 439, 101 S.E. 401; Akin v. Brantley, 26 Ga.App. 326, 106 S.E. 214; Shermer v. Crowe, 53 Ga.App. 418 (3), 186 S.E. 224. While the causal connection between an act of negligence and a resulting injury is not broken by an intervening act which immediately causes the injury where this act can in the exercise of due care be foreseen by the original wrongdoer, the...