Rape v. Tennessee, A. & G. Ry.
| Decision Date | 29 May 1933 |
| Docket Number | 22752. |
| Citation | 169 S.E. 764,47 Ga.App. 96 |
| Parties | RAPE v. TENNESSEE, A. & G. RY. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Petition for automobile guest's injuries, received when automobile ran into defendant's stationary coal car, held not demurrable as showing that injuries could have been avoided by ordinary care of plaintiff and driver.
Petition alleged that plaintiff's injury was sustained when automobile ran into stationary coal car, painted black, not over 3 feet high, negligently left standing on a public crossing for an unreasonable length of time, without any safeguard being taken to protect persons using the public highway; that the coal car was left standing in a cut at the foot of a sharp descent or decline in the public highway with a high embankment on either side of the track; that the automobile was being driven at about 7 o'clock at night that the lights of the automobile were thrown above the coal car, until the road dipped sharply toward the track, a short distance therefrom; and that neither plaintiff nor the driver of the automobile saw the coal car until within 10 feet of the crossing, when it was too late to avoid the collision.
Petition for automobile guest's injuries, received when automobile struck defendant railroad's stationary coal car held specially demurrable because insufficiently explaining failure to timely see coal car.
Petition alleging that automobile was being driven at about 7 o'clock at night, and that the lights of the automobile were thrown above the coal car until the road dipped sharply toward the track a short distance therefrom, and that neither plaintiff nor the driver saw the coal car until within 10 feet of the crossing, when it was too late to avoid the collision, was specially demurrable, since defendant railroad was entitled to information as to how sharply, how deeply, and for what distance the road dipped toward the track, and how far and at what slope the declivity was located with reference to the track, in order to afford it opportunity to disprove plaintiff's allegations that the lights of the automobile could not disclose the presence of the coal car until a short distance therefrom.
Error from Superior Court, Chattooga County; James Maddox, Judge.
Suit by J. R. Rape against Tennessee, Alabama & Georgia Railway. To review a judgment sustaining demurrers to the petition, plaintiff brings error.
Reversed, with directions.
John D. & E. S. Taylor, of Summerville, and Wright & Covington, of Rome, for plaintiff in error.
Rosser & Shaw, of La Fayette, and Maddox, Matthews & Owens, of Rome, for defendant in error.
Syllabus OPINION.
Plaintiff's...
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