Epps v. Parrish, (No. 11759.)

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtLUKE
Citation26 Ga.App. 399,106 S.E. 297
Decision Date08 March 1921
Docket Number(No. 11759.)
PartiesEPPS. v. PARRISH.
26 Ga.App. 399

106 S.E. 297

EPPS.
v.
PARRISH.

(No. 11759.)

Court of Appeals of Georgia,
Division No. 1.

March 8, 1921.


(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

[106 S.E. 298]

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 Georgia as to what degree of negligence is owed by the owner and driver of an automobile to an invited guest. We have reached the conclusion that in order for the invited guest to recover from the owner and operator of an automobile for an injury received by reason of the negligent driving or handling of the machine, there must be facts pleaded that show gross neglect upon the part of the owner and driver of the machine. We have examined cases from other states, and in all cases where there seems to be a holding to the contrary the...

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68 practice notes
  • Brown v. Merlo
    • United States
    • United States State Supreme Court (California)
    • February 20, 1973
    ...a driver of an automobile to his non-paying guest. (See Massaletti v. Fitzroy (1917) 228 Mass. 487, 118 N.E. 168; Epps v. Parrish (1921) 26 Ga.App. 399 106 S.E. A basic premise of guest statutes, that one who carries automobile riders for no compensation does not owe them a duty of ordinary......
  • Horton v. Or. Health & Sci. Univ., Corp., CC 1108–11209
    • United States
    • Supreme Court of Oregon
    • May 5, 2016
    ...v. Kloizner, 139 Wash. 655, 247 P. 1034 (1926) ); accord Massaletti v. Fitzroy, 228 Mass. 487, 118 N.E. 168 (1917) ; Epps v. Parrish, 26 Ga.App. 399, 106 S.E. 297 (1921). In Massaletti, for example, the Massachusetts Supreme Judicial Court reasoned that a driver who gratuitously gave a gues......
  • Thomas v. Barnett, No. 39887
    • United States
    • United States Court of Appeals (Georgia)
    • 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......
  • Lee v. Lott, No. 24176.
    • United States
    • Georgia Court of Appeals
    • October 26, 1934
    ...for injury caused by the other's negligence in driving, unless it amounted to gross negligence.'' Epps v. Parrish, 26 Ga. App. 390, 106 S. E. 297; Harris v. Reid, 30 Ga. App. 187, 117 S. E. 256; Peavy v. Peavy, 36 Ga. App. 202, 136 S. E. 96; Blanchard v. Ogletree, 41 Ga. App. 4, 152 S. E. 1......
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68 cases
  • Brown v. Merlo
    • United States
    • United States State Supreme Court (California)
    • February 20, 1973
    ...a driver of an automobile to his non-paying guest. (See Massaletti v. Fitzroy (1917) 228 Mass. 487, 118 N.E. 168; Epps v. Parrish (1921) 26 Ga.App. 399 106 S.E. A basic premise of guest statutes, that one who carries automobile riders for no compensation does not owe them a duty of ordinary......
  • Horton v. Or. Health & Sci. Univ., Corp., CC 1108–11209
    • United States
    • Supreme Court of Oregon
    • May 5, 2016
    ...v. Kloizner, 139 Wash. 655, 247 P. 1034 (1926) ); accord Massaletti v. Fitzroy, 228 Mass. 487, 118 N.E. 168 (1917) ; Epps v. Parrish, 26 Ga.App. 399, 106 S.E. 297 (1921). In Massaletti, for example, the Massachusetts Supreme Judicial Court reasoned that a driver who gratuitously gave a gues......
  • Thomas v. Barnett, No. 39887
    • United States
    • United States Court of Appeals (Georgia)
    • 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......
  • Lee v. Lott, No. 24176.
    • United States
    • Georgia Court of Appeals
    • October 26, 1934
    ...for injury caused by the other's negligence in driving, unless it amounted to gross negligence.'' Epps v. Parrish, 26 Ga. App. 390, 106 S. E. 297; Harris v. Reid, 30 Ga. App. 187, 117 S. E. 256; Peavy v. Peavy, 36 Ga. App. 202, 136 S. E. 96; Blanchard v. Ogletree, 41 Ga. App. 4, 152 S. E. 1......
  • Request a trial to view additional results

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