Rushton v. Howle, 32485.
| Citation | 79 Ga.App. 360,53 S.E.2d 768 |
| Decision Date | 01 June 1949 |
| Docket Number | No. 32485.,32485. |
| Parties | RUSHTON. v. HOWLE. |
| Court | United States Court of Appeals (Georgia) |
Syllabus by the Court.
Where a policeman responds to a call to make a theft investigation on the premises of one who owns an automobile and while he is on the premises in response to the call, and the owner's agent parks her automobile in her driveway and fails to securely put the brakes on, and the car begins to roll down the driveway incline, the policeman is not guilty of such contribu tory negligence, as a matter of law, in attempting to stop the automobile upon being called on to do so by the caller (owner of the automobile) to prevent) injury to it, as will prevent him from recovering for injuries suffered in the attempt to stop the automobile.
Error from Superior Court, Fulton County; Bond Almand, Judge.
Action by A. M. Howie against Miss Wight Rushton for damages sustained when plaintiff attempted to stop defendant's automobile. The court overruled the defendant's general demurrer to plaintiff's petition, and the defendant brings error.
Judgment affirmed.
A. M. Howie sued Miss Wight Rushton for damages, alleging: That he is a policeman of Fulton County, assigned to the detective department; that on July 26, 1948, while in the course of duty he responded to a call from Miss Rushton to investigate a suspected theft of jewelry from her home, that while he was interviewing her, an agent and servant of Miss Rushton drove her automobile up the driveway and parked it in the driveway on an incline and left it unattended; that the driveway curves around from the front to the back of Miss Rushton's house; that the car was equipped with an automatic transmission and the agent, in braking the car, failed to securely brake it by leaving it in gear or securely applying the emergency brake; that after the agent left the car it began to roll backwards down the driveway and Miss Rushton admonished plaintiff to stop it; that plaintiff, standing about twenty feet from the car, saw it moving and ran from the porch around the front of the car to the driver's side and opened the door, grasped the steering wheel and turned it to prevent it from colliding with some trees and tried to get inside to apply the brakes when his foot hit a stone, causing him to slip; that he fell to the ground and the front wheel of the car rolled over his leg and broke it. The court overruled the defendant's general demurrer and she excepted.
Virlyn B. Moore, Jr., and Matthews, Long & Moore, Atlanta, for plaintiff in error.
Camp & Boyd, Atlanta, for defendant in error.
Plaintiff in error, defendant below, contends that the rescue doctrine does not apply in Georgia unless the effort on...
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Ga. Power Co. v. Brandreth Farms, LLC.
...human life] are likely to justify a greater risk and more desperate effort than [rescuing one's own property]." Rushton v. Howle , 79 Ga. App. 360, 361, 53 S.E.2d 768 (1949). See also Lorie , 186 Ga. App. at 755 (1), 368 S.E.2d 765 ("A greater risk of one's person to save life is justified ......
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The Ga. Power Co. v. Brandreth Farms, LLC
... ... desperate effort than [rescuing one's own ... property]." Rushton v. Howle , 79 Ga.App. 360, ... 361 (53 S.E.2d 768) (1949). See also Lorie , 186 ... ...
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Flowers v. Slash Pine Elec. Membership Corp., 45141
...entitled to recover.' A greater risk of one's person to save life is justified than in the effort to save property only. Rushton v. Howle, 79 Ga.App. 360, 53 S.E.2d 768. The negligence which causes injury or danger to another is negligence also as to the rescuer, and the latter in an effort......
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Slappy v. Georgia Power Co.
...call for the effort to rescue as a normal reaction to the situation which cannot be said to be rash and reckless.' Rushton v. Howle, 79 Ga.App. 360, 53 S.E.2d 768. 'In cases where one's negligence causes injury or danger to another the negligence which causes the injury or danger is neglige......