Boatright v. Sosebee, 40096
| Decision Date | 14 June 1963 |
| Docket Number | No. 2,No. 40096,40096,2 |
| Citation | 132 S.E.2d 155,108 Ga.App. 19 |
| Parties | J. A. BOATRIGHT v. J. H. SOSEBEE |
| Court | Georgia Court of Appeals |
Syllabus by the Court
The court's charges to the jury on the doctrines of accident, sudden emergency and comparative negligence were authorized by the pleadings and evidence in this case.
This was a suit to recover personal and property damages allegedly sustained by the plaintiff in a collision between his automobile and that of the defendant which was being operated by the defendant's wife as a family purpose car at the time of the collision which occurred on Cherry Street in Jesup, Georgia, on April 15, 1960. The petition alleged that the parties were driving in opposite directions on Macon Street (a street crossing Cherry Street at right angles) and both vehicles stopped in obedience to a red light at said intersection; that when said traffic light changed, plaintiff made a right turn onto Cherry Street while defendant's wife turned left onto Cherry Street immediately behind plaintiff; and the plaintiff was forced to stop his vehicle in order to avoid colliding with an unidentified vehicle which had backed into plaintiff's lane of traffic from a diagonally parked position, and while plaintiff was thus stopped, defendant's vehicle collided with the rear of plaintiff's automobile, causing the alleged damages. The petition alleged that the defendant's wife was negligent in failing to observe the plaintiff stop his automobile and in failing to have her automobile under sufficient control to avoid the collision in violation of Code Ann. § 68-1626(a).
The defendant's answer admitted the collision, but alleged that the vehicles collided with only slight force which was insufficient to cause the injuries complained of. The answer further alleged that the defendant's wife was driving at approximately 10 miles per hour and that plaintiff did not exhibit any signal indicating that he had intended to stop; and that if the collision were caused by the negligence of any person other than the plaintiff, it was caused by the person who backed out from a diagonally parked position in front of the plaintiff. In an amendment to the answer the defendant alleged that if any damages were suffered by the plaintiff, they were the result of an accident for which the defendant was not liable.
The case proceeded to trial and the jury returned a verdict in favor of the defendant. The trial court denied the plaintiff's amended motion for new trial and the exception is to that judgment and to the nunc pro tunc order of the trial court, entered February 1, 1963, which is set out in Division 1 of the opinion.
Ronald F. Adams, Brunswick, for plaintiff in error.
Thomas, Howard & Moran, Ernest A. Moran, Jesup, for defendant in error.
1. The bill of exceptions assigns error on the following order of the trial court, entered February 1, 1963: 'It appearing to the court that the amendment to defendant's answer filed on the 25th day of May, 1962, was allowed in open court on the 30th day of May, 1962, and it further...
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