Legal Opinion · Concurrence

Morris v. DeLong

Court of Appeals of Georgia

Decided May 28, 1987No. 74220Published

1ConcurrenceBeasley, Judge

I concur fully in all divisions of the opinion except Division 5. I agree that there was evidence of such action on the part of Morris that the jury could find it came within the meaning of OCGA § 40-6-203 (a) (1) (I). This is not to say that a driver does not have an affirmative duty to “stop” rather than just to “slow down,” at a stop sign. OCGA § 40-6-72 (b). Compare OCGA § 40-6-72 (c). The negative duty in OCGA § 40-6-203 (a) (1) is to not stop, because of the obstruction to oncoming traffic, and this duty embraces so closely approximating a full stop that it amounts to the same hazard.…

2Cases cited4 opinions

  1. Chadwick v. MillerCourt of Appeals of Georgia · 1983
  2. Garrett v. BrannenCourt of Appeals of Georgia · 1982
  3. Blake v. Continental Southeastern Lines, Inc.Court of Appeals of Georgia · 1982
  4. Blake v. Continental Southeastern Lines, Inc.Court of Appeals of Georgia · 1983

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