Folds v. City Council of Augusta

• Court: Georgia Court of Appeals
• Writing for the Court: JENKINS, P.J.
• Citation: Folds v. City Council of Augusta, 151 S.E. 685, 40 Ga.App. 827 (Ga. App. 1930)
• Decision Date: 23 January 1930
• Docket Number: 19672.
• Parties: FOLDS et al. v. CITY COUNCIL OF AUGUSTA, for Use, etc.

151 S.E. 685

40 Ga.App. 827

FOLDS et al. v. CITY COUNCIL OF AUGUSTA, for Use, etc.

No. 19672.

Court of Appeals of Georgia, Second Division

January 23, 1930

Rehearing Denied Feb. 12, 1930.

Syllabus by Editorial Staff.

"Carelessness" and "negligence" are synonymous terms.

Bond to city, conditioned on principal and surety making good for damages resulting through carelessness or other improper conduct of driver of licensed vehicle, covered injuries resulting from negligence in operation of vehicle, and hence in action for injuries sustained, charge authorizing recovery on acts of negligence was not erroneous on ground that condition of bond did not cover injuries resulting from negligence.

Evidence that vehicle struck pedestrian, who was in full view on sidewalk, and after running over him and dragging him some ten steps was brought to a stop by striking a tree, together with evidence of speed of vehicle, authorized jury to find that failure of driver to stop vehicle before striking pedestrian was due to his inability to do so, and hence court properly charged that plaintiff contended defendant was negligent in operating truck without proper brakes.

Where ordinance alleged to have been violated by defendant in operating truck striking plaintiff was set forth in declaration, to which no demurrer was interposed, and was introduced in evidence without objection, it was proper for court to charge on its legal effect, regardless whether it was invalid as being too vague, indefinite, and uncertain be enforceable.

Violation of valid municipal ordinance is negligence per se as to one injured by reason thereof.

Error from Superior Court, Richmond County; A. L. Franklin, Judge.

Action by the City Council of Augusta, for the use of one Griffin against J. R. Folds and others. Judgment for plaintiff defendants' motion for a new trial was overruled, and defendants bring error. Affirmed.

W. Inman Curry, of Augusta, for plaintiffs in error.

Peebles & Bowden, of Augusta, for defendant in error.

Syllabus OPINION.

JENKINS P.J.

The instant suit was brought in the name of the city council of Augusta, for the use of Griffin, on a bond executed by Folds as principal and another as surety, to the city council of Augusta, reciting the issuance by the city council to Folds of a license to "run or work a dray, cart, wagon, or auto-truck," and conditioned upon the principal and surety named making "good all damages to persons or property that may happen through the carelessness or other improper conduct of the driver of such vehicle," and conforming "to all rules and regulations of the City Council respecting drays, carts, wagons and auto-trucks, in the manner pointed out and required by the ordinances of the city." It was alleged that Griffin, while walking on the sidewalk and street, was struck and injured by reason of negligence on the part of Folds and the driver of the licensed vehicle, and that at the time of the injury the vehicle was being operated in violation of a city ordinance, as set out in the declaration. There was no demurrer to the petition. On the trial, the jury found in favor of the plaintiff in the sum of $400, and the defendants except to the order overruling their motion for a new trial. Held:

1. Carelessness and negligence are...