Yearwood v. Yearwood
| Decision Date | 30 April 1932 |
| Docket Number | 21960. |
| Citation | 164 S.E. 105,45 Ga.App. 203 |
| Parties | YEARWOOD v. YEARWOOD. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Gratuitous invited automobile guest cannot recover for injury caused by driver's negligence, unless amounting to gross negligence.
Driving automobile, while proceeding at about 35 miles per hour, into ditch on side of road, held not "gross negligence" authorizing invited guest's recovery for injuries sustained.
Error from Superior Court, Clarke County; Blanton Fortson, Judge.
Suit by Mrs. C. R. Yearwood against E. E. Yearwood. To review a judgment of nonsuit, plaintiff brings error.
Affirmed.
J. Paxon Amis and Carlisle Cobb, both of Athens, for plaintiff in error.
Erwin, Erwin & Nix and Lamar C. Rucker, all of Athens, and J. B. Jackson, of Gray, for defendant in error.
Syllabus OPINION.
1. "One riding by invitation and gratuitously in another's automobile can not recover for injury caused by the other's negligence in driving, unless it amounted to gross negligence." Epps v. Parrish, 26 Ga.App. 399, 106 S.E. 297; Harris v. Reid, 30 Ga.App. 187, 117 S.E. 256; Peavy v. Peavy, 36 Ga.App. 202, 136 S.E. 96.
2. This is a suit for personal injuries, brought by the defendant's sister-in-law, who, at the time of the infliction of the injuries, was riding as his invited guest in an automobile owned and operated by him on a public highway. Her petition alleged that her injuries were caused by the gross negligence of the defendant in driving the car, while proceeding at a rate of about 35 miles an hour, "into a deep ditch on the left-hand side of the road." Upon the trial, the evidence introduced by the plaintiff failed to show that the defendant was guilty of gross negligence, immediately preceding or at the time of the accident (the driving of the car into the ditch), and the court did not err in awarding a nonsuit.
Judgment affirmed.
BLOODWORTH, J., absent on account of illness.
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Lee v. Lott
... ... 211, 160 S.E. 808; Smith v ... Hodges, 44 Ga.App. 318, 161 S.E. 284; Townsend v ... Minge, 44 Ga.App. 453, 161 S.E. 661; Yearwood v ... Yearwood, 45 Ga.App. 203, 164 S.E. 105. See, also, ... Slaton v. Hall, 168 Ga. 711, 148 S.E. 741, 73 A.L.R ... 891. In the present case ... ...
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Lee v. Lott
...160 5. E. 808; Smith v. Hodges, 44 Ga. App. 318, 161 S. E. 284; Townsend v. Minge, 44 Ga. App. 453, 161 S. E. 661; Yearwood v. Year wood, 45 Ga. App. 203, 164 S. E. 105. See, also, Slaton v. Hall, 168 Ga. 711, 148 S. E. 741, 73 A. L. R. 891. In the present case the statute of South Carolina......
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Minkovitz v. Fine
...for nonsuit. Vol. 9, Part 2, Blashfield's Cyclopedia of Automobile Law and Practice, Perm.Ed., § 6046, p. 335(21); Yearwood v. Yearwood, 45 Ga. App. 203, 164 S.E. 105; Oast v. Mopper, 58. Ga.App. 506, 508 (5), 199 S.E. 249. In the cases of Capers v. Martin, supra;: Duncan v. Ross, 56 Ga.App......
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Minkovitz v. Fine
... ... Vol ... 9, Part 2, Blashfield's Cyclopedia of Automobile Law and ... Practice, Perm.Ed., § 6046, p. 335(21); Yearwood v ... Yearwood, 45 Ga.App. 203, 164 S.E. 105; Oast v ... Mopper, 58 Ga.App. 506, 508 (5), 199 S.E. 249 ... In the ... cases ... ...