State Highway Department v. Stephens

• Decision Date: 08 February 1933
• Docket Number: 22405.
• Citation: 167 S.E. 788,46 Ga.App. 359
• Parties: STATE HIGHWAY DEPARTMENT v. STEPHENS.
• Court: Georgia Court of Appeals

167 S.E. 788

46 Ga.App. 359

STATE HIGHWAY DEPARTMENT v. STEPHENS.

No. 22405.

Court of Appeals of Georgia, Second Division

February 8, 1933

Syllabus by Editorial Staff.

Motorist colliding with automobile parked on bridge is guilty of negligence proximately causing injury, where he could have seen parked automobile in time to avoid collision.

Petition must be construed most strongly against plaintiff.

Petition for motorist's injuries from collision with automobile parked on bridge held generally demurrable, where not showing at what distance petitioner first observed parked automobile, and his speed at the time.

Petition was generally demurrable, notwithstanding allegation that when petitioner ascertained that defendant's parked automobile was not moving it was too late for petitioner to stop in time to avoid the collision, since the failure to show at what distance the petitioner was from defendant's parked automobile when he first observed it parked upon the bridge, or at what rate of speed he was traveling, required the petition to be taken as alleging that petitioner, when he observed the automobile parked upon the bridge, was at such a distance therefrom, and was operating his automobile at such a speed, that he could have stopped it or brought it within control and have avoided the injury.

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.

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...