Hayes v. Dicks, 36484

• Decision Date: 24 January 1957
• Docket Number: No. 36484,No. 1,36484,1
• Citation: 96 S.E.2d 627,95 Ga.App. 11
• Parties: Connie HAYES v. E. P. DICKS, Sr
• Court: Georgia Court of Appeals

Page 627

96 S.E.2d 627

95 Ga.App. 11

Connie HAYES v. E. P. DICKS, Sr.

No. 36484.

Court of Appeals of Georgia, Division No. 1.

Jan. 24, 1957.

Edward P. Dicks, Sr., filed an action in Richmond Superior Court against Miss Connie Hayes for damages arising out of a collision between an automobile driven by the plaintiff and one driven by the defendant. The petition alleged in substance: that on July 2, 1955, at about 3 o'clock p.m., petitioner was driving a 1949 Hudson sedan, the property of Catherine M. Dicks, in an easterly direction on Bransford Road in the City of Augusta, Georgia; that petitioner at that time entered the intersection of Bransford Road, Lombardy Court and Buena Vista Road, continuing on into Lombardy bardy Court, and had almost cleared the intersection, and was now and at all times alleged in the petition traveling at a speed of 15 to 20 miles an hour; that Miss Connie Hayes was driving a 1941 Oldsmobile sedan, proceeding in a northerly direction on Buena Vista Road; that the car driven by Miss Hayes was the property of Ralph Youngblood and was being driven by her with his consent and at his direction and at the time of the collision alleged she was the agent of Youngblood and acting within the scope of her agency; that petitioner had almost cleared said intersection when the defendant negligently, recklessly and carelessly struck petitioner's automobile on its right rear portion; that the resulting impact was so violent it turned petitioner's automobile over and pushed it across the street and up against a light pole on the northeastern corner of Lombardy Court and Buena Vista Road; and that the specific acts of negligence committed by the defendant consisted of (a) failing to have said automobile under control so as to avoid colliding with petitioner, (b) driving into petitioner's automobile when it was clearly visible to the defendant or should have been had she been exercising any degree of care, (c) failing to keep a lookout ahead, (d) exceeding the lawful speed limit, and (e) failing to apply brakes or to reduce the speed of her car so as to avoid colliding with petitioner.

The defendant filed her answer in which she denied all the substantial allegations of the petition and alleged that the vehicle driven by the defendant entered the intersection of Buena Vista Road, Lombardy Court, Lake Forest Drive and Bransford Road at about the same time as the plaintiff and that the defendant's car was approaching on the right of the car driven by the plaintiff, which latter was on the left of the car driven by the defendant, and that it was the duty of the plaintiff to yield the right of way at such intersection to the defendant in accordance with subdivision (b) of section 38 of chapter 20 of the City Code of Augusta for 1952, as follows: 'When two vehicles enter an intersection from different streets at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.' The defendant further alleged that the vehicle driven by her was clearly visible to the plaintiff and it was apparent to him or should have been in the exercise of ordinary care, that both vehicles would enter the intersection at about the...