Redding v. Morris

Court of Appeals of Georgia

Redding v. Morris

123 S.E.2d 714, 105 Ga. App. 152, 1961 Ga. App. LEXIS 582

Court of Appeals of Georgia·Decided September 13, 1961·No. 38902·Published·Cited by 13 cases

Opinions

Frankum, Judge.

When one undertakes to drive an automobile of another and discovers that the accelerator and the brakes of the automobile are defective, in that the accelerator sometimes sticks in an accelerated position, and the brakes, when applied, tend to pull the vehicle to the left, and when he continues to drive the vehicle after the accelerator and brakes have malfunctioned, as above described, five to ten times within a time period of thirty minutes that he had driven the car, he cannot recover for injuries he sustained when the accelerator of the vehicle stuck in an accelerated position, and when he applied the brakes, the automobile lurched across the left side of the road and struck a tree. Under such circumstances the driver failed to exercise ordinary care to avoid the consequences to himself caused by the alleged negligence of the owner of the automobile. Code § 105-603. The danger of operating the automobile was obviously apparent to the driver after the first mechanical malfunction of the accelerator and the brakes. LaHoste v. Yaarab Mounted Patrol, 89 Ga. App. 397 (79 SE2d 570); Southern Ry. Co. v. Hogan, 131 Ga. 157 (62 SE 64); Briscoe v. Southern Ry. Co., 103 Ga. 224 (28 SE 638); Simmons v. [153] Seaboard Air-Line Ry., 120 Ga. 225 (47 SE 570, 1 AC 777); Hill v. L. & N. R. Co., 124 Ga. 243 (52 SE 651, 3 LRA (NS) 432); Mansfield v. Richardson, 118 Ga. 250 (45 SE 269); Kelley v. Hines, 25 Ga. App. 186 (102 SE 921); Ennis v. Purchase & Sale Co., 44 Ga. App. 117 (160 SE 878). When the driver discovered the mechanical defects he told the owner, who was riding in the automobile, about them, and the owner stated to him: “Just watch it and take it easy.” Whereupon, the driver continued to drive the automobile with full knowledge of the dangers involved and thereby assumed such risks. Beasley v. Elder, 88 Ga. App. 419 (76 SE2d 849); LaHoste v. Yaarab Mounted Patrol, 89 Ga. App. 397, supra. See also Staples v. Brown, 96 Ga. App. 176 (99 SE2d 526).

Decided September 13, 1961 Rehearing denied December 18, 1961. Walter B. Fincher, for plaintiff in error. Moise, Post & Gardner, B. Emerson Gardner, contra.

Therefore, upon the trial of an action for damages for personal injuries brought by the driver of the automobile against the owner thereof on account of alleged negligence with reference to the defective brakes and accelerator of the automobile, the trial court did not err in directing a verdict for the defendant. Code Ann. § 110-104.

Judgment affirmed.

Townsend, P. J., and Jordan, J., concur.

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Frankum, Judge.

When one undertakes to drive an automobile of another and discovers that the accelerator and the brakes of the automobile are defective, in that the accelerator sometimes sticks in an accelerated position, and the brakes, when applied, tend to pull the vehicle to the left, and when he continues to drive the vehicle after the accelerator and brakes have malfunctioned, as above described, five to ten times within a time period of thirty minutes that he had driven the car, he cannot recover for injuries he sustained when the accelerator of the vehicle stuck in an accelerated position, and when he applied the brakes, the automobile lurched across the left side of the road and struck a tree. Under such circumstances the driver failed to exercise ordinary care to avoid the consequences to himself caused by the alleged negligence of the owner of the automobile. Code § 105-603. The danger of operating the automobile was obviously apparent to the driver after the first mechanical malfunction of the accelerator and the brakes. LaHoste v. Yaarab Mounted Patrol, 89 Ga. App. 397 (79 SE2d 570); Southern Ry. Co. v. Hogan, 131 Ga. 157 (62 SE 64); Briscoe v. Southern Ry. Co., 103 Ga. 224 (28 SE 638); Simmons v. [153] Seaboard Air-Line Ry., 120 Ga. 225 (47 SE 570, 1 AC 777); Hill v. L. & N. R. Co., 124 Ga. 243 (52 SE 651, 3 LRA (NS) 432); Mansfield v. Richardson, 118 Ga. 250 (45 SE 269); Kelley v. Hines, 25 Ga. App. 186 (102 SE 921); Ennis v. Purchase & Sale Co., 44 Ga. App. 117 (160 SE 878). When the driver discovered the mechanical defects he told the owner, who was riding in the automobile, about them, and the owner stated to him: “Just watch it and take it easy.” Whereupon, the driver continued to drive the automobile with full knowledge of the dangers involved and thereby assumed such risks. Beasley v. Elder, 88 Ga. App. 419 (76 SE2d 849); LaHoste v. Yaarab Mounted Patrol, 89 Ga. App. 397, supra. See also Staples v. Brown, 96 Ga. App. 176 (99 SE2d 526).

Decided September 13, 1961 Rehearing denied December 18, 1961. Walter B. Fincher, for plaintiff in error. Moise, Post & Gardner, B. Emerson Gardner, contra.

Therefore, upon the trial of an action for damages for personal injuries brought by the driver of the automobile against the owner thereof on account of alleged negligence with reference to the defective brakes and accelerator of the automobile, the trial court did not err in directing a verdict for the defendant. Code Ann. § 110-104.

Judgment affirmed.

Townsend, P. J., and Jordan, J., concur.

Redding v. Morris, 123 S.E.2d 714, 105 Ga. App. 152, 1961 Ga. App. LEXIS 582 (Ga. Ct. App. 1961).

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