Duncan v. Ross

Court of Appeals of Georgia

Duncan v. Ross

192 S.E. 638, 56 Ga. App. 394, 1937 Ga. App. LEXIS 376

CourtCourt of Appeals of Georgia

DecidedSeptember 10, 1937

Docket26246

StatusPublished

Cited by3 cases

This text of 192 S.E. 638 (Duncan v. Ross) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duncan v. Ross, 192 S.E. 638, 56 Ga. App. 394, 1937 Ga. App. LEXIS 376 (Ga. Ct. App. 1937).

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Opinion

Felton, J.

The petition in this ease, brought by a guest to recover damages from the driver of an automobile for gross negligence, and which alleged that the steering gear of defendant’s car was loose, which fact was known to defendant and unknown to petitioner; that just before the collision in which the injury occurred the defendant had several drinks of intoxicating liquor which at the time apparently did not affect him, but which with drinks of liquor previously taken, of which petitioner had no knowledge, so affected defendant’s judgment as to render him incompetent and incapable of driving his car; and that at a certain point in the road the defendant, with gross negligence and lack of care, suddenly and without warning turned his car across the road from the right to the left side and across a ditch into a barbed-wire fence, causing injury to the petitioner, set forth a canse of action, and there was' no error in overruling the general demurrer.

Judgment affirmed.

Stephens, P. J., and Sutton, J., concur.

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Felton, J.

The petition in this ease, brought by a guest to recover damages from the driver of an automobile for gross negligence, and which alleged that the steering gear of defendant’s car was loose, which fact was known to defendant and unknown to petitioner; that just before the collision in which the injury occurred the defendant had several drinks of intoxicating liquor which at the time apparently did not affect him, but which with drinks of liquor previously taken, of which petitioner had no knowledge, so affected defendant’s judgment as to render him incompetent and incapable of driving his car; and that at a certain point in the road the defendant, with gross negligence and lack of care, suddenly and without warning turned his car across the road from the right to the left side and across a ditch into a barbed-wire fence, causing injury to the petitioner, set forth a canse of action, and there was' no error in overruling the general demurrer.

Judgment affirmed.

Stephens, P. J., and Sutton, J., concur.

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Bluebook (online)

192 S.E. 638, 56 Ga. App. 394, 1937 Ga. App. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-ross-gactapp-1937.

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