Archer v. Aristocrat Ice Cream Co.

(After stating the foregoing facts.) One ground of general demurrer is to the effect that the petition sets out no cause of action, since it affirmatively shows that the driver of the car in which the plaintiff was riding could have avoided the collision by the exercise of ordinary care. Conceding this to be so, it nevertheless does not bar the plaintiff from recovery unless such negligence is imputable to him. Mayor &c. of Savannah v. Waters, 27 Ga. App. 813 (1) (109 S. E. 918). It is here contended that the defendant sheriff and the plaintiff, his deputy, were engaged in a joint enterprise,…