Morrison v. Columbus Transp. Co, (No. 19336.)

• Decision Date: 15 May 1929
• Docket Number: (No. 19336.)
• Citation: 39 Ga.App. 708,148 S.E. 276
• Parties: MORRISON. v. COLUMBUS TRANSP. CO.
• Court: Georgia Court of Appeals

39 Ga.App. 708

148 S.E. 276

MORRISON.

v.COLUMBUS TRANSP. CO.

(No. 19336.)

Court of Appeals of Georgia, Division No. 2.

May 15, 1929.

(Syllabus by the Court.)

Error from Superior Court, Muscogee County; C. F. McLaughlin, Judge.

Suit by J. S. Morrison against the Columbus Transportation Company. Judgment for defendant, and plaintiff brings error. Affirmed.

J. S. Morrison brought a suit for personal injuries against Columbus Transportation Company. The court sustained a general demurrer to the petition, and the plaintiff excepted.

The petition alleged the following facts: Seventeenth street and Second avenue are intersecting thoroughfares in the city of Columbus, the one running east and west and the other north and south. The defendant is a common carrier of passengers by motor-busses operated upon the streets of that city, including the streets named.

"6. On the evening of April 12, 1927, about 7:30 p. m., petitioner was walking along on the east crosswalk, which is but an extension of the sidewalk on the east side of said Second avenue, from the south side of said Seventeenth street in a northern direction to the north side of said Seventeenth street, where the east sidewalk on Second avenue continues northward, petitioner traveling on said crosswalk to reach a point immediately north of and a short distance from the northeast corner of said avenue and street, on the east sidewalk of said Second avenue.

"7. When petitioner had reached a point about 15 feet south of the intersection of the sidewalks and crosswalks of the street and the avenue at the northeast corner of the intersection of the two highways, a bus of defendant came suddenly and rapidly along the north side of Seventeenth street, traveling from the east, and ran upon and stopped with its main body across and upon the crosswalk on which petitioner was traveling, blocking the sidewalk and crosswalk and forcing petitioner to stop and stand and be on the crosswalk, south of the bus, and placing petitioner in a position of peril and danger from the operation and running of other motor vehicles approaching and crossing the crosswalk where petitioner was caused by defendant to be and stand.

"8. While the bus was standing stopped on the crosswalk, a motorcycle, with what is known as a house or box resting on a third wheel on the left side of the motorcycle and attached to the motorcycle, rapidly approached and was run from the east along and upon the north side of said Seventeenth street towards the crosswalk, following behind and along the path traveled by the bus; said motorcycle being operated and driven by one S. H. Power, and weighing about 300 pounds.

"9. The bus remained standing and stopped upon the crosswalk for about one or two minutes and passed away from the crosswalk on its route westward, and when it had passed from the crosswalk so as to allow petitioner to proceed, petitioner took a step or two forward, but as he did so, he discovered the motorcycle approaching the crosswalk rapidly, and realizing that if he proceeded further to cross the path of the motorcycle he would be stricken by the motorcycle and injured, petitioner immediately stepped backward a step or two to avoid being struck by the motorcycle, having no reason to believe or anticipate that the motorcycle would change its course, and at the same time the driver ofthe motorcycle suddenly turned the motorcycle to the left of the driver and toward petitioner...