Windom v. Colquitt County

Court of Appeals of Georgia

Windom v. Colquitt County

139 S.E. 158, 37 Ga. App. 98, 1927 Ga. App. LEXIS 487

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1927

Docket18130

StatusPublished

Cited by1 cases

This text of 139 S.E. 158 (Windom v. Colquitt County) 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

Windom v. Colquitt County, 139 S.E. 158, 37 Ga. App. 98, 1927 Ga. App. LEXIS 487 (Ga. Ct. App. 1927).

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Opinion

Broyles, C. J.

This was a suit against a county for damage to an automobile, alleged to have been caused by the negligence of the county in maintaining a defective bridge on a public highway. The facts of the case, as stated in the petition, failed to show any actionable negligence on the part of the county. Furthermore, the petition, properly construed (most strongly against the plaintiff), clearly showed that the plaintiff, by the exercise of ordinary care, could have avoided the injuries sued for. The court properly dismissed the petition, on general demurrer. Judgment affirmed.-

Luke and Bloodworth, JJ., concur. P. Q. Bryan, for plaintiff,

cited: 126 Ga. 699; 15 Ga. App. 687.

J. 0. Gibson, for defendant,

cited: Civil Code (1910), §§ 384, 748, 4426; 116 Ga. 371; 106 Ga. 743, 747; 24 Ga. App. 717-18; 52 Ga. 538; 118 Ga. 200 (2); 61 Me. 292; 29 Ga. App. 624; 134 Ga. 69; 8 Ga. App. 229 (5); 74 Ga. 107.

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Broyles, C. J.

This was a suit against a county for damage to an automobile, alleged to have been caused by the negligence of the county in maintaining a defective bridge on a public highway. The facts of the case, as stated in the petition, failed to show any actionable negligence on the part of the county. Furthermore, the petition, properly construed (most strongly against the plaintiff), clearly showed that the plaintiff, by the exercise of ordinary care, could have avoided the injuries sued for. The court properly dismissed the petition, on general demurrer. Judgment affirmed.-

Luke and Bloodworth, JJ., concur. P. Q. Bryan, for plaintiff,

cited: 126 Ga. 699; 15 Ga. App. 687.

J. 0. Gibson, for defendant,

cited: Civil Code (1910), §§ 384, 748, 4426; 116 Ga. 371; 106 Ga. 743, 747; 24 Ga. App. 717-18; 52 Ga. 538; 118 Ga. 200 (2); 61 Me. 292; 29 Ga. App. 624; 134 Ga. 69; 8 Ga. App. 229 (5); 74 Ga. 107.

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Bluebook (online)

139 S.E. 158, 37 Ga. App. 98, 1927 Ga. App. LEXIS 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windom-v-colquitt-county-gactapp-1927.

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