93 Ga. App. 430 | Ga. Ct. App. | 1956
The following is all the evidence concerning the events leading up to and including the collision between the two automobiles.
Ralph Geddie testified for the plaintiff: “My name is Ralph Geddie, and I am eleven years old. I go to school, and am in the sixth grade. As to how this accident happened, well, we were driving along and I saw the car come across the road, and Lois throwed up her hands, and that is all I remember. When she threw up her hands, she said ‘Oh, Lord.’ I was seated in the back seat, and Lois and her baby and Butch and Diane Holland all were in the front seat. Spencer and Lamar and me were in
Spencer Jenkins testified for the plaintiff: “. . . I have been
The plaintiff alleged that Mrs. Lois Hall was negligent in the following particulars: In driving in a business district on a heavily traveled highway at a rate of speed in excess of 35 miles per hour; in driving an automobile on the highway when she knew that she was wholly incapable of driving because of her lack of experience as a driver; in driving the automobile when she knew that she was a highly nervous person, and knew that she lost control of herself and her nerves at the slightest disturbance; in failing to drive her automobile off the highway and onto the shoulder on the west side and avoid striking the oncoming vehicle which she saw coming steadily toward her for a distance of 125 feet; in removing her hands from the steering wheel and in failing to steer the car, and in permitting the automobile to run wildly down the highway, without making any effort whatsoever to control the car; in failing to sound her horn; in failing to apply her brakes or stop said car; in driving at an excessive rate of speed while rounding a curve.
The evidence does not show that Mrs. Hall was guilty of any negligence in the operation of the automobile. There was no evidence that she was driving at any excessive speed under the circumstances; there was no evidence that she was incompetent to drive an automobile; there was no evidence that the collision could have been avoided by the blowing of a horn or by the application of brakes; the evidence would not have authorized a finding that she was negligent in failing to drive onto the shoulder of the road under the circumstances. As to Mrs. Hall’s taking her hands from the steering wheel, the evidence showed that she did this not more than a second and a half before the collision and there was no evidence to authorize a finding that Mrs. Hall could have done anything to avoid the collision in the second and a half that she had her hands off the steering wheel.
The cross-bill of exceptions is dismissed.
Judgment affirmed on the main bill; cross-bill dismissed.