Meddin v. Karsman, 20200.

• Decision Date: 05 March 1930
• Docket Number: No. 20200.,20200.
• Citation: 152 S.E. 601,41 Ga.App. 282
• Parties: MEDDIN . v. KARSMAN.
• Court: Georgia Court of Appeals

41 Ga.App. 282

152 S.E. 601

MEDDIN .

v.KARSMAN.

No. 20200.

Court of Appeals of Georgia, Division No. 1.

March 5, 1930.

Syllabus by Editorial Staff.

Error from City Court of Savannah; Davis Freeman, Judge.

Action by Sam Karsman against Isaac Meddin. Judgment for plaintiff, and defendant brings error.

Affirmed.

Connerat & Hunter, of Savannah, for plaintiff in error.

M. L. Cherkas, of Savannah, for defendant in error.

Syllabus Opinion by the Court.

BROYLES, C. J.

1. One riding by invitation and gratuitously in another's automobile cannot recover for injury caused by the owner's negligence in driving, unless it amounted to gross negligence. Epps v. Parrish, 26 Ga. App. 399, 106 S. E. 297, and citations; Peavy v. Peavy, 36 Ga. App. 202, 136 S. E. 96.

2. "Gross neglect is the want of that care which every man of common sense, how inattentive soever he may be, takes of his own property." Civil Code 1910, § 3473.

3. The petition in the instant case alleged that the plaintiff's injuries were caused by the gross negligence of the defendant in and while operating his automobile in which the petitioner was riding as an invited guest, and this court cannot hold as a matter of law that the averments of gross negligence were not supported by the facts stated in the petition. It follows that the court did not err in overruling the general demurrer interposed. The facts stated in the petition in this case distinguish it from the Peavy Case and the other cases cited in the brief of counsel for the plaintiff in error.

Judgment affirmed.

LUKE and BLOOD WORTH, JJ., concur.