119 Ga. App. 237 | Ga. Ct. App. | 1969
It appeared from the pleadings and the evidence submitted in connection with defendant’s motion for summary judgment that Habersham Street in Savannah (which defendant traveled in a northerly direction) was a two-laned one-way street, and that Victory Drive was an intersecting four-laned street divided by a parkway, with two lanes on the south for east bound traffic and two lanes on the
The grant of defendant’s motion for summary judgment was proper. We find no statute, and no ordinance was pleaded or introduced into evidence, by which vehicles in a funeral procession are exempted from the obligation to observe traffic control lights as provided in the Uniform Traffic Act, Code Ann. § 68-1613 (c) (l).1 Since the testimony showed that the intersection was clear of vehicles when defendant entered the intersection, no duty was imposed by Code Ann. § 68-1613 (a) (1)
Judgment affirmed.
We do find that in New York, where the state statute on controlled intersections is substantially identical to ours, it was held that a defendant motorist having the green light was authorized to move into an intersection through a passing funeral procession if no traffic officer was otherwise regulating traffic and if the motorist could do so without unreasonably endangering another, notwithstanding that there was a city ordinance prohibiting the driving of vehicles through a funeral procession, the court asserting that the motorist was authorized to assume that a vehicle approaching the intersection “whether in a procession or not, would heed a signal which commanded it to stop.” Noyes v. Rothfeld, 191 Misc. 672 (80 NYS2d 520). And see Annot. in 85 ALR2d 692.