Gazaway v. Nicholson, 13177.

• Court: Supreme Court of Georgia
• Citation: 9 S.E.2d 154
• Docket Number: No. 13177.,13177.
• Parties: GAZAWAY et al. v. NICHOLSON et al.
• Decision Date: 23 May 1940

9 S.E.2d 154

GAZAWAY et al.
v.
NICHOLSON et al.

No. 13177.

Supreme Court of Georgia.

May 23, 1940.

Syllabus by the Court.

1. A child who with other children was regularly transported to and from school in a school bus recovered a verdict against the proprietor of the bus, his employee operator, and another person, for personal injuries alleged to have resulted from negligence of the defendants. The case is before this court on certiorari to review a decision of the Court of Appeals affirming a judgment refusing to grant a new trial on motion of the proprietor and the driver. Held, that there was no error in affirming the judgment, so far as related to the general grounds of the motion for new trial.

2. A charge to the jury that if they found the defendants liable they would not be authorized to return a verdict for different amounts against the respective defendants, even if they should find that the negligence of one was greater than the negligence of another, but should in such case return a verdict in one amount against all of them, was properly held by the Court of

[9 S.E.2d 155]

Appeals not to be erroneous as contended in the motion for new trial.

3. Except for the questions dealt with in division 2 of this decision, this was not a case for certiorari.

Certiorari from Court of Appeals.

Action by Robert Nicholson, by his next friend and others, against Milton Gaza-way, Noah Johnson, and others for injuries sustained by the named plaintiff when he was struck by an automobile. To review a judgment of the Court of Appeals affirming the judgment of the superior court overruling general demurrer and motion for new trial, 5 S.E.2d 391, 61 Ga.App. 3, named defendants bring certiorari.

Affirmed.

R. Carter Pittman and Jack B. Ray, both of Dalton, for plaintiffs in error.

Wm. E. Mann, W. G. Mann, D. W. Mitchell, and W. M. Henderson, all of Dalton, and Silas Williams, of Chattanooga, Tenn., for defendants in error.

BELL, Justice.

1. A child who with other children was regularly transported to and from school in a school bus recovered a verdict against the proprietor of the bus, the person who was operating it for him, and another, for personal injuries alleged to have resulted from negligence of the defendants. The case is before this court on certiorari to review a decision of the Court of Appeals affirming a judgment refusing to grant a new trial on motion of the proprietor and the driver. For that decision and a statement of the facts, sec Gazaway v. Nicholson, 61 Ga. App. 3, 5 S.E.2d 391. The petition for certiorari, brought by the proprietor of the school bus and his driver, does not raise any question as to whether the proprietor of the school bus was a common carrier, or as to whether any duty prescribed by statute was violated by the driver. Consequently, no decision can properly be made on either of these questions. But on the general subject see Roberts v. Baker, 57 Ga.App. 733, 196 S.E. 104; Burnett v. Allen, 114 Fla. 489, 154 So. 515; Bagdad Land & Lumber Co. v. Boyette, 104 Fla. 699, 140 So. 798; Pend-arvis v. Pfeifer, 132 Fla. 724, 182 So. 307; Archuleta v. Jacobs, 43 N.M. 425, 94 P.2d 706; 4 Blashfield on Automobile Law and Practice, Permanent Edition, 1935, § 2177. In the petition for certiorari error was assigned on the following excerpt from the decision of the Court of Appeals [61 Ga.App. 3, 5 S.E.2d 397]: "In the present case should the driver, knowing the dangers incident to the passing of automobiles on the highway, have ascertained the location of the plaintiff's home and have driven his bus on the other side of the highway so...