Miles v. Atlanta Coca-Cola Bottling Co.

67 S.E.2d 790, 84 Ga. App. 869, 1951 Ga. App. LEXIS 812
CourtCourt of Appeals of Georgia
DecidedNovember 21, 1951
Docket33630
StatusPublished

This text of 67 S.E.2d 790 (Miles v. Atlanta Coca-Cola Bottling Co.) 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
Miles v. Atlanta Coca-Cola Bottling Co., 67 S.E.2d 790, 84 Ga. App. 869, 1951 Ga. App. LEXIS 812 (Ga. Ct. App. 1951).

Opinion

Worrill, J.

(After stating the foregoing facts.) While there was evidence for the plaintiff in support of the alleged negligence of the driver of the defendant’s truck, there was evidence on behalf of the defendant which, as will be hereinafter shown, authorized the jury to return the verdict in favor of the defendant. The evidence was as follows:

Fred Smith Morgan, the driver of the defendant’s truck, testified: “I have been in that employment [truck driver-salesman] for about eighteen and a half years. . . At the time I passed the intersection of Moreland and DeKalb, Mr. Miles [the plaintiff] was directing traffic at that intersection. I went on down the street to Green and Presley [filling station] which is a couple of blocks away on the northeast corner of DeKalb and Elmira Place. . . I stayed there about five minutes, I guess, and completed my business. Then I pulled out into DeKalb. I looked back . . and Mr. Miles was still directing traffic at that intersection. So there being a little up-grade going on to my next customer, well, I traveled most of the way in fourth gear, the truck having five forward speeds. I never did reach fifth gear. Then about fifty yards of the filling station and [871]*871grocery store I met a car. Of course, I was driving at the right-hand side of the street, being slowly moving, and I held out my hand to indicate I was going to pull into the middle of the street and make a turn as soon as that traffic was clear. . . I was about 75 to 100 yards from the grocery store and the filling station when I held out my hand, as best I can remember. I had just passed the rise, that crest going down the other side. From Green and Presley Service Station at Elmira to the point where the accident occurred I was traveling about 15 to 20 miles an hour. I pulled in my hand when I started making the turn. I couldn’t control the truck with one hand. . . I was driving a KB-6 International which is a ton-and-a-half capacity. It is one of the normal Coca-Cola trucks, delivery trucks like you see on the street. The body of that truck does extend beyond the cab. Approximately from my elbow out would be visible of my arm held out from that truck. When I made my turn I was traveling between 8 and 10 miles an hour. . . From the back wheels on up to the front was in the driveway, the back wheel being right at the curb. The back was into the street. The first time I knew of the fact that the motorcycle was in the vicinity is when I opened the door and saw officer Miles right where I was fixing to stop. . . I heard the tires screech. There was a Merita bread truck parked directly in front of the DeKalb Cash Grocery. With respect to that bread truck, I turned directly behind it. The back end of my truck was standing out in the street beyond the bread truck at the time of the impact, as from the rear wheels up to the back which I say is about 6 feet. Then motorcycle hit the left rear fender right at the wheel. . . The street is just wide enough for three lanes of traffic. I was in the center lane where there is not very much room in between us. I would say not over 10 feet. I did not hear the motorcycle blow its horn. I did not hear any horn blow in the vicinity. I did not hear the noise of a motorcycle prior to the screeching of the tires. . . It is hard to hear any ordinary sound above the truck sound of the motor. I was in fourth gear. I was going upgrade, and it wouldn’t pull in fifth or high gear is the reason I was in fourth gear. . . I felt the impact, and then I stopped the truck and opened the door to get o\it to see what was the matter, and he [the plaintiff] was on [872]*872the ground right there where I step out the front door. I was still in fourth gear when I heard the impact as I was turning. . . When I made the turn there I was going about 8 miles an hour. As I came along from Candler Street on up to the place of the impact I was going about 15 or 20 miles an hour. I did give a signal of my intention to turn. . . I don’t remember telling the policeman that [that he did not remember giving any signal]... I said I held out my hand until I got ready to turn and required both hands to make it, to turn the steering wheel. . . When I stopped my truck about 6 feet of the rear was in DeKalb, from the rear wheel back. . . My mirror is about 18 inches out to the side of the truck from the cab. It shows a view right down by the side of the body. The body extends about 8 inches irom the cab out, . . I say I looked in the mirror, and I didn’t see anybody coming from the rear. . . The motorcycle hit the truck at the rear left fender. . . The reason I say the motorcycle hit the truck was because the fender was bent forward. . . I pulled in my hand right in front of the DeKalb Cash Grocery when I begin to make the left hand turn. I mean that I held out my hand until I started making a turn. . . While my hand was being held out to the left I traveled about 75 or 100 yards.”

Emory B. Green testified: “I am a service station owner at 1238 DeKalb Avenue. My station is at the corner of DeKalb and Elmira Street. . . Prior to that occurrence [the collision here involved] I had seen the Coca-Cola truck. He stopped and served us. I did see the motorcycle. When I observed the motorcycle I would say the truck was ,out close to Candler Street. . . There is a rise down in DeKalb Avenue. The truck in relation to that rise was between my station and the rise. I thought the motorcycle was after someone. . . I could not state the relative speeds of the truck and the motorcycle because the truck was on out a good distance from me. . . That [40 or 45 miles an hour] is my impression of his speed at that time. . . I am experienced with automobiles. . . I would say [the motorcycle was running when he saw it] approximately 40 miles an hour.”

R. J. Ray testified: “I did have occasion to witness a collision [here involved]... I was going towards Atlanta on DeKalb [873]*873Avenue. I met the Coca-Cola truck and then also I met the policeman. The truck was just above the service station there [Butler Service Station] when I met it. . . There is kind of a rise here . . and I went over just a short distance [after passing the vehicles] and I heard a racket, and I just looked through my mirror and looked back. I imagine the speed of the Coca-Cola truck was about 15 or 20 miles an hour. . . I would say the motorcycle was going around 30 to 35 miles an hour. . . I would say the motorcycle was in the neighborhood of 80 feet from [behind] the truck. . . I didn’t hear the motorcycle blow its horn. . . I didn’t look in my mirror until I heard the crash.”

Fred T. Clemmons testified: “Prior to going with Lee Baking Company I owned and operated a service station at 1328 DeKalb Avenue. . . It is next door to DeKalb Cash Grocery. I was standing there in the driveway of my station sweeping the driveway [when the collision in question happened]. . and the Coca-Cola truck was turning in to serve my station and store, and I heard his tires sliding and I looked up and the motorcycle had hit the truck. The policeman had drove right up to my feet almost. I did see the motorcycle hit the truck. The motorcycle came out from behind another truck, and it was a few feet in there and I seen it just as it hit. . . This other truck I speak of was about a foot past it where my driveway begins and the curbing on the right side of the street. It was parked. . . It [the Coca-Cola truck] was turning in. I’d say the front of the truck had crossed the sidewalk. It was in the driveway. The left rear side of the truck was hit. . . We was all trying to figure out how he got past the bread truck to hit the Coca-Cola truck. . .

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Cite This Page — Counsel Stack

Bluebook (online)
67 S.E.2d 790, 84 Ga. App. 869, 1951 Ga. App. LEXIS 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-atlanta-coca-cola-bottling-co-gactapp-1951.