Streetman v. Bussey
Court of Appeals of Georgia
Action for damages; from Muscogee superior court — Judge Howard. February 9, 1930. The petition in substance alleges: that the plaintiff, Dan Street-man, a minor thirteen years of age, suing by his next friend, was engaged as a delivery boy for a milk truck; that the truck was stopped facing west on the north side of the public road leading west from Macon toward Columbus, and directly across the road from Jackson’s store, in the village of Wymiton; that “at all times during…
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Action for damages; from Muscogee superior court — Judge Howard. February 9, 1930. The petition in substance alleges: that the plaintiff, Dan Street-man, a minor thirteen years of age, suing by his next friend, was engaged as a delivery boy for a milk truck; that the truck was stopped facing west on the north side of the public road leading west from Macon toward Columbus, and directly across the road from Jackson’s store, in the village of Wymiton; that “at all times during the day pedestrians constantly crossed said road to and from Jackson’s store, which is located at the intersection of…
1Opinion of the CourtJenkins, P. J.
The defendant contends that the allegations of the plaintiff to the effect that upon starting around the car and across the street he first looked to ascertain if danger existed, and was unable to discern the approach of defendant’s car, although the driver might at that time have seen the plaintiff, are manifestly incredible, and that the court will not accept, even on demurrer, a statement contained in a petition which on its face could not be true. He contends also that the plaintiff’s act of negligence in suddenly coming out into the road from behind the truck was such lack of care on his…
2Cases cited10 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Central of Georgia Railway Co. v. LarsenCourt of Appeals of Georgia · 1917
- Georgia Railway & Power Co. v. RyanCourt of Appeals of Georgia · 1919
- Central Railroad & Banking Co. v. RyleeSupreme Court of Georgia · 1891
- Western Union Telegraph Co. v. SpencerCourt of Appeals of Georgia · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Eddleman v. AskewCourt of Appeals of Georgia · 1935
- Cohn v. BuhlerCourt of Appeals of Georgia · 1923
- Smith v. KleinbergCourt of Appeals of Georgia · 1934
- He-Po Gas Incorporated v. RoathCourt of Appeals of Georgia · 1953
- Lanier v. O'BEARCourt of Appeals of Georgia · 1960
2 more not listed; retrieve them via the Exa API.