State Highway Dep't v. Stephens
Decision Date | 08 February 1933 |
Docket Number | No. 22405.,22405. |
Citation | 46 Ga.App. 359,167 S.E. 788 |
Parties | STATE HIGHWAY DEPARTMENT. v. STEPHENS. |
Court | Georgia Court of Appeals |
46 Ga.App. 359
167 S.E. 788
STATE HIGHWAY DEPARTMENT.
v.STEPHENS.
No. 22405.
Court of Appeals of Georgia, Division No. 2.
Feb. 8, 1933.
Syllabus by Editorial Staff.
Error from City Court of Millen; E. G. Weathers, Judge.
Suit by S. P. Stephens against the State Highway Department. General demurrer of defendant was overruled, and defendant brings error.
Reversed.
Dekle & Dekle, of Millen, for plaintiff in error.
L. P. Strickland and Jas. A. Dixon, both of Millen, for defendant in error.
Syllabus Opinion by the Court.
STEPHENS, Judge.
1. Where a person traveling along a highway in an automobile receives injuries from a collision between his automobile and one parked on a bridge in the highway, he fails to exercise ordinary care to avoid the injuries and is guilty of negligence which proximately causes the injuries, if he could have seen the parked automobile in time to bring his own automobile under control and avoid the collision. Fraser v. Hunter, 42 Ga. App. 329, 156 S. E. 268; City of Macon v. Newberry, 35 Ga. App. 252, 132 S. E. 917.
2. In the petition in a suit to recover for damages alleged to have been sustained from a collision between the plaintiff's automobile and that of the defendant, which was parked on a bridge in a highway, where it was alleged that the plaintiff, "when he rounded a curve on the highway, " at about the noon hour, in the daytime, observed the defendant's automobile upon the bridge, and that when he ascertained that the defendant's automobile was not moving it was too late for the plaintiff to stop his automobile in time to avoid the collision, but where it did not appear, from the allegations in the petition, at what distance the plaintiff was from the defendant's automobile when he first observed it parked upon...
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