Crane Auto Parts, Stewart Ave. Branch v. Patterson
| Decision Date | 21 May 1954 |
| Docket Number | No. 34972,No. 1,34972,1 |
| Court | Georgia Court of Appeals |
| Parties | CRANE AUTO PARTS, STEWART AVE. BRANCH, Inc., v. PATTERSON |
Syllabus by the Court
In a suit for injuries caused by the negligence of the defendant's employee in driving a vehicle on which the plaintiff was riding, the evidence authorized the jury to find that the invitation to the plaintiff to ride upon the vehicle was given in the prosecution and within the scope of the defendant's business, and that the plaintiff could not have avoided his injuries by the exercise of ordinary care after negligence of the defendant's servant became apparent to him. The verdict for the plaintiff was supported by the evidence, and court did not err in denying the motion for new trial.
F. C. Patterson sued Crane Auto Parts, Stewart Avenue Branch, Inc., and alleged: The defendant owned and operated an automobile junk yard where it sold automobile parts. The plaintiff went with a mechanic to the defendant's place of business to buy a switch. They told the defendant's agent in charge, Malone, what they wanted to buy, and he directed another employee, Rowland, to go out in the lot to look for a switch that would fit the plaintiff's automobile. Malone told the plaintiff and his mechanic to go with Rowland to look for the switch. The defendant furnished an old truck for this purpose. The truck had a seat for the driver only, so the plaintiff and his mechanic stood on the truck as directed by Rowland. Rowland drove the truck 500 yards to an automobile having a switch, but the plaintiff's mechanic rejected it. Rowland had been operating the truck in a reasonable and safe manner, but after the plaintiff's mechanic refused the switch, and when they went to find another switch, Rowland speeded up the truck and began to cut corners in a reckless manner. The plaintiff and his mechanic told Rowland to stop, but he continued to drive negligently and at an excessive speed, cutting toward a junked automobile. The mechanic, riding in front of the plaintiff, jumped toward the seat occupied by Rowland, but the plaintiff could not get into the truck and was knocked off, injuring his leg.
The defendant answered, admitting only that the plaintiff and another person had come to its place of business to buy an automobile switch and had so informed the defendant's agent in charge.
The plaintiff testified in part:
On cross-examination, the plaintiff further testified: ...
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