52 S.E.2d 544 | Ga. Ct. App. | 1949
A nonsuit is improperly awarded where the jury may infer from the evidence that the defendant is guilty of one or more of the grounds of negligence charged in the petition, although the evidence for the *816 plaintiff is vague, weak, and in conflict, and the question a close and doubtful one.
No demurrer was interposed to the above petition. The defendant denied the material allegations of the petition, and alleged *817 that, "if the plaintiff was injured, his injuries were caused solely by his own acts of negligence."
The case proceeded to trial and resulted in a verdict for the plaintiff. The defendant moved for a new trial, which motion he amended. The trial judge overruled the motion and the defendant excepted. This court reversed the trial court because of certain erroneous instructions to the jury. See Ivey v. Hall,
It does not appear from the undisputed facts that the plaintiff was injured solely because of his own negligence, and the plaintiff proved his case substantially as laid. See Clark
v. Bandy,
Under the facts presented by the pleadings and the evidence, the jury would have been authorized to find that the defendant Ivey failed to give to the plaintiff the right of way, although *819 he saw the plaintiff's car approaching from the right on said paved highway at said intersection, in violation of Code, § 68-303 (g).
Applying the foregoing, the trial court improperly granted the defendant's motion for a nonsuit. Nothing to the contrary was held in Ivey v. Hall, supra, as to an emergency or other holdings, and nothing appears to the contrary from the Code sections and the cases cited by the defendant in error, as follows: § 68-316 (with reference to headlights) ; § 68-303 (i) (in regard to reducing speed at crossings or intersections) ; norSumner v. Thomas,
Judgment reversed. MacIntyre, P. J., and Townsend, J.concur.