Epps v. Parrish

Decision Date08 March 1921
Docket Number(No. 11759.)
Citation106 S.E. 297,26 Ga. App. 399
PartiesEPPS. v. PARRISH.
CourtGeorgia Court of Appeals

(Syllabus by Editorial Staff.)

Error from City Court of Savannah; Davis Freeman, Judge.

Action by Mrs. E. A. Parrish against Mrs. J. D. Epps.Judgment for plaintiff, and defendant brings error.Reversed.

Hitch & Denmark, of Savannah, for plaintiff in error.

Oliver & Oliver, of Savannah, for defendant in error.

LUKE, J.This case arises by reason of a suit to recover damages, wherein it is alleged that the plaintiff was riding as an invited guest, in an automobile owned and driven by the defendant; that while so riding as such invited guest, along with other members of her family, who were also invited guests, the defendant carelessly and negligently, and because of inexperience and lack of skill in the handling of an automobile, lost control of the automobile and drove it, head on, into a large oak tree, wrecking the automobile, and that by reason of the wreck, the plaintiff was injured.The defendant demurred to the petition, upon the ground that It set forth no cause of action.The court overruled the demurrer.

Held: Inasmuch as the plaintiff was an invited guest and a gratuitous passenger, and it not being alleged that the defendant was guilty of gross negligence, it was error for the court to overrule the general demurrer.It is our opinion that in order for an invited guest in an automobile to recover of the owner and driver of the car for an injury occasioned by the negligence of the driver, it must be pleaded that such negligence was gross negligence.See, in this connection, the reasoning set out in Self v. Dunn & Brown.42 Ga. 528, 5 Am. Rep. 544.See, also, in this connection, Civil Code 1910, § 3473; Huddy on Automobiles (5th Ed.) 890;Massaletti v. Fitzroy, 228 Mass. 487, 118 N. E. 168, L. R. A. 1918C, 264, Ann. Cas. 1918B, 1088.We understand that it has been an open question in...

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27 cases
  • Naphtali v. Lafazan
    • United States
    • New York Supreme Court — Appellate Division
    • May 4, 1959
    ...v. Venzie, 263 Pa. 541, 107 A. 383; Boggs v. Plybon, 157 Va. 30, 160 S.E. 77; Jones v. Massie, 158 Va. 121, 163 S.E. 63; Epps v. Parrish, 26 Ga.App. 399, 106 S.E. 297). The Ohio statute does not define the word 'guest' as used therein (Lombardo v. De Shance, 167 Ohio St. 431, 434, 149 N.E.2......
  • Huffman v. Buckingham Transp. Co. of Colorado
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • September 15, 1938
    ...121 N.E. 505, 4 A.L.R. 1185; Massaletti v. Fitzroy, 228 Mass. 487, 118 N. E. 168, L.R.A.1918C, 264, Ann.Cas.1918B, 1088; Epps v. Parrish, 26 Ga.App. 399, 106 S.E. 297; Peavy v. Peavy, 36 Ga.App. 202, 136 S.E. 96, 97; Hall v. Slaton, 40 Ga.App. 288, 149 S.E. 306; Hennig v. Booth, 132 A. 294,......
  • Thomas v. Barnett
    • United States
    • Georgia Court of Appeals
    • April 12, 1963
    ...as gross negligence is somewhat more difficult. It takes but a casual examination of the cases, beginning with Epps v. Parrish, 26 Ga.App. 399, 106 S.E. 297, which established the gross negligence rule in Georgia, to see that the trend of the appellate courts in Georgia has been decidedly a......
  • Bickford v. Nolen
    • United States
    • Georgia Supreme Court
    • November 1, 1977
    ...this case to decide whether Georgia will continue to follow the automobile guest passenger rule as it was established in Epps v. Parrish, 25 Ga.App. 399, 106 S.E. 297, and approved by this court in Holland v. Boyett, 212 Ga. 458(2), 93 S.E.2d The petitioner, Deborah Ann Bickford, was a gues......
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