Smith v. Lott

246 Ga. 366 (1980)

271 S.E.2d 463

SMITH

v.

LOTT et al.

36126.

Supreme Court of Georgia.

Argued May 12, 1980.

Decided September 8, 1980.

Rehearing Denied September 23, 1980.

David J. Kelley, Henry C. Custer, for appellant.

J. Harvey Davis, for appellees.

CLARKE, Justice.

The narrow question to be decided here is whether a combine driven at a speed of eight to seventeen miles per hour on a public road where the speed limit is 55 miles per hour could be found by a jury to be an obstruction.

While driving a tractor-trailer along a highway, Smith passed a combine being driven by Lott. Evidence set the speed of…