Washington v. Kemp

Carlisle,, Judge.

Taking the allegations of the petition as true, there is no question but that the conduct of the defendant Washington in halting his automobile in such manner as to block traffic following him on a heavily travelled road constituted negligence, and that his violation of Code (Ann.) § 68-1670 (15) requiring vehicles traveling on state-aid roads to be at least 12 feet from the center line thereof when stopped or parked constituted negligence per se. This negligence was passive as to the plaintiff; she having succeeded in stopping her vehicle when she saw that the road ahead was…