McDaniel v. Gossett

Bell, Presiding Judge.

Construing the petition most strongly against the pleader, if an inference unfavorable to the plaintiff *605may be fairly drawn from the facts stated in the petition, that inference will prevail in determining the rights of the parties. Johnston v. Clement A. Evans & Co., 111 Ga. App. 659, 661 (143 SE2d 38).

The allegation that Mrs. McDaniel was negligent in failing to have her car under control must yield to other allegations showing that she had brought her car to a stop behind plaintiff’s car.

Where the danger of collision was not apparent or reasonably to be apprehended,…