Callaghan v. Elliott

1. Plaintiff in error contends that the original petition does not allege a cause of action because it does not allege that defendant owed plaintiff any duty the violation of which injured plaintiff. The plaintiff clearly alleges such a duty and its violation to his injury. The duty of a driver of an automobile, relative to persons and property on the highway, is to exercise ordinary care to avoid injuring them. Giles v. Voiles, 144 Ga. 853 (1) (88 S. E. 207); Davies v. West Lumber Co., 32 Ga. App. 460 (1) (123 S. E. 757). He further contends that the original petition is duplicitous in that…