152 Ga. 489 | Ga. | 1922
(After stating the foregoing facts.) On the trial of the case there was evidence tending to show that at the time the plaintiff was killed he was driving an automobile at night along the Clinton highway leading from Macon to Monticello. There were two other occupants of the ear. The evidence tended to show that the car was traveling about fifteen or twenty miles per hour as it approached the bridge where the injury occurred, and as the car went over the roadway on to the bridge it was traveling from ten to fifteen miles an hour. The approach of the public road to the bridge is abrupt and almost at a right angle. The deceased, who was driving the car, put on brakes going down the hill; and when the car went on the bridge, running, according to the testimony of a witness for the plaintiff, from ten to fifteen miles an hour, “ the left-hand wheel started to scraping; . . it was going to the left. Mr. Williams was trying to pull to the right — it would not pull. I didn’t touch the wheel. I hit his hand. I grabbed' at the wheel and hit his hand. I jumped out when it cut short to the left and hit against the post. When I jumped out a rail or plank hit me in the back and the car and everything else went over the fill. The car hit the railing and fell off the bridge on the left side.” When the car hit the ground Mr. Williams was under it, and died there. On the trial of the case the court charged the jury as follows: “ The law of our State now requires operators of auto
In the proclamation of the Governor convening the General Assembly in extraordinary session on November 3, 1915, was recited, among other things, the following: “Whereas some doubts have arisen concerning the validity of the automobile license tax, owing to the decisions of some of the courts touching the same, which tax it is stated amounts to about $110,000 annually, and the loss of which it is thought could be prevented by a slight amendment of the law providing methods for its collection and disposition.” And also, “To consider the question of amending the automobile license tax, authorized in the act approved August 19, 1913, amending an act approved August 13, 1910, and any other acts concerning the same, so as to secure the collection and disposition of said tax.” Governor’s Proclamation, Georgia Laws, Extraordinary Session 1915, pp. 5, 6, 7. At the extraordinary session of the General Assembly ini 1915 an act was passed, approved by the Governor on November 30, 1915 (Acts Ex. Sess, 1915, p. 107), in which it was declared in secs. 9 and 10 as follows: “ Sec. 9. Every motor-vehicle or motorcycle, while in use or operation upon the streets or highways of this State, shall at all times be provided and equipped with efficient and serviceable brakes, and with a signaling device consisting of a horn, bell, or some other suitable device. It shall likewise be equipped with at least two front lamps, throwing strong, white lights to á reasonable distance in the direction in which such vehicle is proceeding, a rear lamp showing a red light plainly visible in the reverse direction to which said vehicle is proceeding, and such other light so reflected as to clearly reveal the figures on the number-plate; provided, that a motorcycle shall be required to be equipped with one front light only. All of such lamps or lights shall at all times be kept burning while such vehicle is in use or operation or standing in a public street or highway during the
None of the other headnotes require elaboration.
Judgment reversed.