50 Ga. App. 429 | Ga. Ct. App. | 1935
The petition (formal parts omitted) reads as follows: “1. That said defendant is a resident of said State and county. 2. That on May 21, 1933, Otto Studor died, leaving your petitioner, his son, as his sole heir at law, there being no living wife or other child of said deceased Otto Studor. 3. That the said defendant has damaged your petitioner in the sum of twenty thousand ($20,000) dollars, by reason of the negligent homicide of said Otto Studor, which arose by reason of the following facts. 4. That on May 14, 1933, the said Otto Studor, in company with said defendant, left Atlanta, Georgia, on a certain one and one half ton Dodge truck, loaded with merchandise for business purposes of said defendant, and proceeded by way of Macon and had gotten just beyond Sandersville, Georgia, when the defendant became tired and fatigued from the long trip and asked the said deceased Otto Studor to drive on into Augusta, the same being the destination of the said defendant. 5. That the said Otto Studor then undertook to drive said truck, and just be'yond Davisboro, on the highway to
The defendant interposed a general demurrer, which was overruled, and to that judgment exception was taken.
The petition, construed most strongly against the plaintiff, showing that the deceased (the plaintiff’s father) was riding by invitation and gratuitously in the defendant’s truck, the plaintiff is not entitled to recover unless his father’s injuries were caused by the
The petition fails to show that the defendant was guilty of gross negligence, and the court erred in overruling the general demurrer interposed.
Judgment reversed.