Goodwin v. Rockett

Court of Appeals of Georgia

Goodwin v. Rockett

124 S.E.2d 309, 105 Ga. App. 215, 1962 Ga. App. LEXIS 886

CourtCourt of Appeals of Georgia

DecidedJanuary 17, 1962

Docket39304

StatusPublished

This text of 124 S.E.2d 309 (Goodwin v. Rockett) 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

Goodwin v. Rockett, 124 S.E.2d 309, 105 Ga. App. 215, 1962 Ga. App. LEXIS 886 (Ga. Ct. App. 1962).

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Opinion

Custer, Judge.

In cases involving collisions between motor vehicles at street intersections, questions of comparative or contributory negligence and proximate cause are peculiarly for the jury. Thomas v. Carroll, 97 Ga. App. 181 (102 SE2d 617). A petition alleging that the plaintiff, traveling at a legal speed of less than 25 miles per hour, had the right of way at an intersection, and that the defendant’s tractor-trailer combination, approaching on the cross street, failed to1 stop at a stop sign, but entered the highway and turned in front of plaintiff’s vehicle when the plaintiff was within only a few yards of the intersection, making it impossible for the plaintiff to avoid a collision, was not subject to' general demurrer on the ground that it failed to set out a cause of action. Shipman v. Johnson, 87 Ga. App. 538 ( 74 SE2d 557).

Judgment affirmed.

Carlisle, P. J., and Eberhardt, J., concur.

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Custer, Judge.

In cases involving collisions between motor vehicles at street intersections, questions of comparative or contributory negligence and proximate cause are peculiarly for the jury. Thomas v. Carroll, 97 Ga. App. 181 (102 SE2d 617). A petition alleging that the plaintiff, traveling at a legal speed of less than 25 miles per hour, had the right of way at an intersection, and that the defendant’s tractor-trailer combination, approaching on the cross street, failed to1 stop at a stop sign, but entered the highway and turned in front of plaintiff’s vehicle when the plaintiff was within only a few yards of the intersection, making it impossible for the plaintiff to avoid a collision, was not subject to' general demurrer on the ground that it failed to set out a cause of action. Shipman v. Johnson, 87 Ga. App. 538 ( 74 SE2d 557).

Judgment affirmed.

Carlisle, P. J., and Eberhardt, J., concur.

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124 S.E.2d 309, 105 Ga. App. 215, 1962 Ga. App. LEXIS 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-rockett-gactapp-1962.

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