Archer v. Aristocrat Ice Cream Co.
| Decision Date | 24 January 1953 |
| Docket Number | No. 2,No. 34367,34367,2 |
| Citation | 87 Ga.App. 567,74 S.E.2d 470 |
| Parties | ARCHER v. ARISTOCRAT ICE CREAM CO |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
1. Where, as here, a deputy sheriff and sheriff jointly own an automobile for use in the performance of the official duties of the office of the sheriff of a county, and such sheriff, while operating said automobile in which the plaintiff deputy sheriff is riding in the course of his duties as such official, commits acts of negligence which concur with other acts of negligence of a third party to cause injuries to the plaintiff--the negligence of the sheriff in so operating the automobile is not imputable to the plaintiff on the ground that both are engaged in a joint enterprise.
2. Where, as here, the operator of the car in which the plaintiff was riding, while driving at excessive speed, attempts to pass another automobile going in the same direction, and the vehicle which he is about to pass makes a left turn without the driver signalling his intention to do so, it is a jury question whether such negligence in failing to give a proper signal was a concurring proximate cause of the plaintiff's injuries.
C.A. Archer (the plaintiff in error) filed a suit for damages in the Superior Court of Floyd County against Aristocrat Ice Cream Company and D.G. Johnson, which petition alleged substantially the following facts: That the plaintiff, a deputy sheriff, the defendant Johnson, sheriff, and another deputy sheriff jointly own an automobile and operate same in connection with their duties as sheriff and deputy sheriff; that the plaintiff as deputy was at all times under the direction and control and subject to the orders of the defendant sheriff; that a part of their duties is to investigate crimes; that at about 6 p.m. on January 20, 1952, the plaintiff and defendant were proceeding in said automobile down Maple Street, a highway of Floyd County in response to a call regarding a shooting, Johnson driving and the plaintiff seated at his side, and were engaged in passing a truck owned and operated by the defendant Aristocrat Ice Cream Company when the latter made a left turn across the highway to enter the company yard, and the two vehicles collided resulting in certain serious injuries to the plaintiff. The acts of negligence alleged against the defendant company are: that the truck driver did not signal his intention of making a left turn, or, if such signal was given, the construction of the body of the truck was such that it could not be seen by persons operating from the rear; that it was not equipped with any device for signaling a left turn which could be seen by one approaching from the rear; and that the employee driving the same should have ascertained before turning that the car in which the plaintiff was riding was rapidly approaching from the rear, as the automobile was equipped with a siren and blinker light, both in operation. As to the defendant Johnson, it is alleged: that Maple Street is extremely heavily traveled, especially at the hour of the collision; that it is built up with dwellings and places of business, resulting in an almost continuous stream of traffic and automobiles constantly turning into said places of business; that the defendant Johnson was nevertheless driving the said automobile at the reckless and illegal rate of approximately 80 miles per hour; that, when the ice cream truck blocked the east lane of said highway, Johnson applied his brakes and skidded 182 1/2 feet before striking the truck with such tremendous force as practically to demolish the automobile; and that in so doing he operated the automobile without due regard for the lives and safety of others.
A general demurrer interposed by the defendant ice cream company was sustained, and the exception is to this judgment.
Maddox & Maddox, Rome, for plaintiff in error.
Tom Willingham, Wright, Rogers, Magruder & Hoyt and Parker, Clary & Kent, Rome, for defendant in error.
TOWNSEND, Justice (after stating the foregoing facts).
1. One ground of general demurrer is to the effect that the petition sets out no cause of action, since it affirmatively shows that the driver of the car in which the plaintiff was riding could have avoided the collision by the exercise of ordinary care. Conceding this to be so, it nevertheless does not bar the plaintiff from recovery unless such negligence is imputable to him. City of Savannah v. Waters, 27 Ga.App. 813(1), 109 S.E. 918. It is here contended that the defendant sheriff and the plaintiff, his deputy, were engaged in a joint enterprise, by reason of which fact any negligence on the part of the sheriff is imputable to the plaintiff as a...
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Floyd v. Colonial Stores, Inc.
...(Blount v. Sutton, 114 Ga.App. 767, 152 S.E.2d 777); deputy sheriff/joint owner to sheriff joint owner-driver (Archer v. Aristocrat Ice Cream Co., 87 Ga.App. 567, 74 S.E.2d 470). This is not an accurate statement of the rule. So far as we know it is nowhere held that the negligence of a dri......
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...conditions.' Other jurisdictions refuse to consider such tables without testimonial authentication. See Archer v. Aristocrat Ice Cream Co., 87 Ga.App. 567, 74 S.E.2d 470, 473; McCoy v. Gilbert, 110 Ohio App. 453, 169 N.E.2d 624, 632, 84 A.L.R.2d 964; Lemons v. Holland, 205 Or. 163, 284 P.2d......
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Brett v. Jefferson County, Ga.
...pleasure). Deputies are considered the agents of their sheriffs when discharging their official duties. Archer v. Aristocrat Ice Cream Co., 87 Ga.App. 567, 74 S.E.2d 470 (1953). Sheriffs must give a bond of $25,000, upon which sheriffs and their sureties are liable for the official acts of ......
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Morris v. Cochran
...19 Ga.App. 193(1), 91 S.E. 219 deal with imputable negligence as against innocent third parties. The case of Archer v. Aristocrat Ice Cream Co., 87 Ga.App. 567, 74 S.E.2d 470 also deals with imputable negligence and holds that mere part ownership of an automobile by one who is the employee ......