Parham v. Roach

Defendant’s car was left unattended on an incline adjacent to U. S. Highway 441, and while thus unattended, it started in motion and ran down the incline and into Highway 441, where it collided with the automobile in which plaintiff was riding. There was no evidence to suggest that any external force was applied which could have started the parked automobile. Defendant testified that his brakes were in good order and that the car was left with the emergency brake engaged.

But the defendant’s testimony is in conflict with the physical facts. In Georgia Highway Express v. Sturkie, 62 Ga. App.…