City of Fairburn v. Clanton

Felton, Chief Judge.

The plaintiff has alleged facts sufficient to show that the negligence of the defendant was the proximate cause of the accident. The petition does not affirmatively show that the victim’s motor scooter was not under control or that the operator was overrunning his vision at an excessive rate of speed, and it is a matter of defense for the city to prove to the contrary. It does not appear from the petition that, if the defendant was negligent, its negligence was too1 remote to be considered the proximate cause of the accident.

Although, until 1952, dependency was a condition…