Yearwood v. Yearwood

Court of Appeals of Georgia

Yearwood v. Yearwood

164 S.E. 105, 45 Ga. App. 203, 1932 Ga. App. LEXIS 228

CourtCourt of Appeals of Georgia

DecidedApril 30, 1932

Docket21960

StatusPublished

Cited by9 cases

This text of 164 S.E. 105 (Yearwood v. Yearwood) 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

Yearwood v. Yearwood, 164 S.E. 105, 45 Ga. App. 203, 1932 Ga. App. LEXIS 228 (Ga. Ct. App. 1932).

Pincite

Opinion

Broyles, C. J.

1. “One riding by invitation and gratuitously in another’s automobile can not recover for injury caused by the other’s negligence in driving, unless it amounted to gross negligence.” Epps v. Parrish, 26 Ga. App. 399 (106 S. E. 297) ; Harris v. Reid, 30 Ga. App. 187 (117 S. E. 256) ; Peavy v. Peavy, 36 Ga. App. 202 (136 S. E. 96).

2. This is a suit for personal injuries, brought by the defendant’s sister in law, who, at the time of the infliction of the injuries, was riding as his invited guest in an automobile owned and operated by him on a public highway. Her petition alleged that her injuries were caused by the gross negligence of the defendant in driving the car, while proceeding at a rate of about 35 miles an hour, “into a deep ditch on the left-hand side of the road.” Upon the trial the evidence introduced by the plaintiff failed to show that the defendant was guilty of gross negligence immediately preceding or at the time of the accident (the driving of the car into the ditch), and the court did not err in awarding a nonsuit.

Judgment affirmed.

Lnl&e, J., concurs. Bloodteorth, J., absent on aeeount of illness.

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Broyles, C. J.

1. “One riding by invitation and gratuitously in another’s automobile can not recover for injury caused by the other’s negligence in driving, unless it amounted to gross negligence.” Epps v. Parrish, 26 Ga. App. 399 (106 S. E. 297) ; Harris v. Reid, 30 Ga. App. 187 (117 S. E. 256) ; Peavy v. Peavy, 36 Ga. App. 202 (136 S. E. 96).

2. This is a suit for personal injuries, brought by the defendant’s sister in law, who, at the time of the infliction of the injuries, was riding as his invited guest in an automobile owned and operated by him on a public highway. Her petition alleged that her injuries were caused by the gross negligence of the defendant in driving the car, while proceeding at a rate of about 35 miles an hour, “into a deep ditch on the left-hand side of the road.” Upon the trial the evidence introduced by the plaintiff failed to show that the defendant was guilty of gross negligence immediately preceding or at the time of the accident (the driving of the car into the ditch), and the court did not err in awarding a nonsuit.

Judgment affirmed.

Lnl&e, J., concurs. Bloodteorth, J., absent on aeeount of illness.

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Bluebook (online)

164 S.E. 105, 45 Ga. App. 203, 1932 Ga. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yearwood-v-yearwood-gactapp-1932.

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