Evans v. Williams, 41144

• Decision Date: 22 April 1965
• Docket Number: No. 3,No. 41144,41144,3
• Citation: Evans v. Williams, 142 S.E.2d 424, 111 Ga.App. 647 (Ga. App. 1965)
• Parties: Nathan EVANS et al. v. H. E. WILLIAMS
• Court: Georgia Court of Appeals

Page 424

142 S.E.2d 424

111 Ga.App. 647

Nathan EVANS et al. v.H. E. WILLIAMS.

No. 41144.

Court of Appeals of Georgia, Division No. 3.

April 22, 1965.

Rehearing Denied May 10, 1965.

Henry A. Stewart, Sr., Cedartown, for plaintiff in error.

Wayne W. Gammon, Cedartown, for defendants in error.

Syllabus Opinion by the Court

FRANKUM, Judge.

The plaintiff in this case sustained serious personal injuries while he was riding as a guest passenger in an automobile of the defendantNathan Evans being driven by the defendantMrs. Nathan Evans as a family purpose car.It appeared from the evidence that Mrs. Evans immediately prior to the collision had been operating the automobile in a careful and prudent manner, and that she suddenly and without warning drove it to her left across the shoulder of the highway, and, without applying the brakes or taking any other corrective action, struck a large tree standing nine feet from the edge of the highway causing the plaintiff to be thrown forward against the instrument panel, thereby inflicting the injuries sued for.The exceptions here are to the overruling of the defendants' motion for a new trial on the general grounds and motion for a judgment notwithstanding the verdict for the plaintiff.The plaintiffs in error contend that the verdict for the plaintiff was not authorized because the evidence did not show gross negligence on the part of the defendant driver and affirmatively showed that the plaintiff had failed to exercise ordinary care for his own safety.This contention is wholly without merit because there was no evidence to...