Hancock County v. Clark

• Decision Date: 08 February 1933
• Docket Number: 22496,22497.
• Citation: 167 S.E. 748,46 Ga.App. 363
• Parties: HANCOCK COUNTY v. CLARK et al. NEWSOME v. SAME.
• Court: Georgia Court of Appeals

167 S.E. 748

46 Ga.App. 363

HANCOCK COUNTY v. CLARK et al.

NEWSOME v. SAME.

Nos. 22496, 22497.

Court of Appeals of Georgia, Second Division

February 8, 1933

Syllabus by Editorial Staff.

Petition against county for injuries sustained when automobile, slowed to take unexpected curve, skidded on soft earth and broke through bridge abutment, held generally demurrable as not showing that defective condition of bridge caused injuries.

County is liable for injuries from automobile accident only where caused by defective condition of bridge.

Petition not stating action against defendant held subject to demurrer of codefendant, nonresident of county, attacking jurisdiction.

Error from Superior Court, Hancock County; James B. Park, Judge.

Suits by Mrs. Elgin Clark and others against Hancock County and against John Newsome. Judgments for plaintiffs, and defendants bring error.

Reversed.

G. L Dickens, of Sparta, for plaintiff in error.

O'Neal & O'Neal, of Savannah, Sam H. Wiley, of Sparta, and Sibley & Allen, of Milledgeville, for defendants in error.

In case No. 22497:

Sibley & Allen, of Milledgeville, for plaintiff in error.

O'Neal & O'Neal, of Savannah, and Sam H. Wiley and G. L Dickens, both of Sparta, for defendants in error.

Syllabus OPINION.

STEPHENS Judge.

1. Where one is operating an automobile along a public road in which there is a bridge ahead which, by reason of a depression in the road, he cannot see, and, from his observation of the road beyond the depression, the road ahead is apparently straight, and where he continues to operate the automobile in a straight direction at a rapid and high rate of speed which is accelerated by the incline in the grade of the road, but where, after proceeding further and before reaching the bridge, he ascertains that the road is not on a straight course but deflects therefrom and leads to another bridge located about forty-five feet off the straight course and where, after discovering this, he attempts to reduce the speed of the automobile by an application of the brakes and to take a deflected course and cross the latter bridge, and the automobile skids in soft earth and hits one of the abutments of the bridge, through which it breaks and falls into the ravine below and injures an occupant in the automobile, and where it does not appear that the depression in the road or the softness of the earth constitutes a defect in a bridge, the...