Morrison v. Columbus Transp. Co.

• Decision Date: 15 May 1929
• Docket Number: 19336.
• Citation: 148 S.E. 276,39 Ga.App. 708
• Parties: MORRISON v. COLUMBUS TRANSP. CO.
• Court: Georgia Court of Appeals

148 S.E. 276

39 Ga.App. 708

MORRISON v. COLUMBUS TRANSP. CO.

No. 19336.

Court of Appeals of Georgia, Second Division

May 15, 1929

Syllabus by the Court.

Where an automobile, in violation of a city ordinance, was stopped upon a public street in such a way as to block passage by pedestrians, and where, after its removal, a pedestrian, who had been standing in the street waiting for its removal proceeded forward with the purpose of crossing the street as intended, but, after taking a step or two and on discovering a motorcycle approaching in the path of the automobile stepped backward to avoid being struck by the motorcycle, not anticipating that the motorcycle would change its course, and the driver of the motorcycle suddenly turned to the left and toward the pedestrian, striking and injuring him before he could realize what was happening, held, that the negligence of the driver of the automobile in stopping the same in violation of the city ordinance was not the proximate cause of the plaintiff's injuries.

In a suit by such pedestrian to recover of the party responsible for the operation of the automobile damages for the injuries so sustained, the petition failed to set forth a cause of action, and the court properly sustained the demurrer thereto.

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.

G. Y Tigner, of Columbus, for plaintiff in error.

F. U. Garrard, of Columbus, for defendant in error.

BELL, J. (after stating the foregoing facts).

Under the allegations of the petition, it could not be inferred that the negligence of the defendant was the proximate cause of the plaintiff's injury, and it was therefore proper to sustain the demurrer and dismiss the petition. Perry v Central R. R., 66 Ga. 746 (4, 5); Andrews v. Kinsel, 114 Ga. 390(2), 40 S.E. 300, 88 Am.St.Rep. 25; Southern R. Co. v. Webb, 116 Ga. 152(1), 42 S.E. 395, 59 A.L.R. 109; Postal Telegraph-Cable Co. v. Kelly, 134 Ga. 218, 67 S.E. 803; Beckham v. Seaboard Air-Line Ry., 127 Ga. 550(2), 56 S.E. 638, 12 L.R.A. (N. S.) 476; Shaw v. City of Macon, 6 Ga.App. 306, 64 S.E. 1102; Harper v. Fulton Bag & Cotton Mills, 21 Ga.App. 322, 94 S.E. 286; Higginbotham v. Rome Ry. & Light Co., 23 Ga.App. 753, 99 S.E. 638; General Fire Extinguisher Co. v. Daniel, 25 Ga.App. 282, 103 S.E. 257; ...