Atl. Ice & v. Folds
| Decision Date | 11 November 1933 |
| Docket Number | No. 23236.,23236. |
| Citation | 171 S.E. 581,47 Ga.App. 832 |
| Court | Georgia Court of Appeals |
| Parties | ATLANTIC ICE &, COAL CO. v. FOLDS. |
Syllabus by Editorial Staff.
Error from Superior Court, Crisp County; A. J. McDonald, Judge.
Suit by B. B. Folds against the Atlantic Ice & Coal Company. Judgment for plaintiff, defendant's motion for a new trial was overruled, and defendant brings error.
Affirmed.
C. L. Harris and J. W. Dennard, both of Cordele, for plaintiff in error.
Strozier & Gower, of Cordele, for defendant in error.
Syllabus Opinion by the Court.
1. The bill of exceptions contains no assignment of error, either upon the exceptions pendente lite or upon the judgment complained of therein. Therefore the exceptions pendente lite cannot be considered by this court.
2. The excerpt from the charge of the court, complained of in the motion for a new trial, was authorized by the evidence, and, when considered in the light of the charge as a whole and the facts of the case, was not erroneous for any reason assigned.
3. The remaining special grounds of the motion are mere elaborations of the general grounds.
4. The plaintiff sued the defendant for damages for the homicide of her minor son, who was unmarried and not quite fifteen years old at the time of his death, and upon whom she was dependent, and who substantially contributed to her support. He was killed in a collision between a truck of the defendant company and an automobile in which he was riding as an invited guest, and over which he had no control, and at the time of the collision he was standing on the running board of the automobile and holding on to the car with both hands. He was knocked off the car by the collision and run over by the truck. Under the facts of the case, this court cannot say that the deceased boy was wanting in ordinary care because he was riding upon the running board of the automobile. That was a question for the jury. See, in this connection, Georgia, C. & N. Ry. Co. v. Watkins, 97 Ga. 381, 24 S. E. 34. The evidence was in sharp conflict as to whether the driver of the defendant's truck was negligent, and whether his negligence, if he were negligent, was the proximate cause of, or a contributing cause to, the homicide of the plaintiff's son. The evidence was also conflicting as to whether the driver of the automobile, in which the deceased was riding, was negligent and whether his negligence, if existing, was the proximate cause of the homicide. However,...
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...bars recovery may also be a jury question. Bramlett v. Hulsey, 98 Ga.App. 39, 41(1), 104 S.E.2d 614 (1958); Atlantic Ice & Coal Co. v. Folds, 47 Ga.App. 832, 171 S.E. 581 (1933). We have held on numerous occasions that “a person is not necessarily barred of a recovery ... merely because of ......
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