Mayor of Savannah v. Waters
Court of Appeals of Georgia
Action for damages; from Chatham superior court — Judge Meldrim. April 15, 1921. Mrs. Waters sued,the mayor and aldermen of Savannah for damages, alleging, in brief, that an automobile in -which she was seated, and which was being driven at night by Mr. Edgar Moler at the moderate rate of speed of about eight or ten miles an hour in a named street of that city, went into a gully in a described part of the street, and, before the driver could recover from the shock, went into…
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Action for damages; from Chatham superior court — Judge Meldrim. April 15, 1921. Mrs. Waters sued,the mayor and aldermen of Savannah for damages, alleging, in brief, that an automobile in -which she was seated, and which was being driven at night by Mr. Edgar Moler at the moderate rate of speed of about eight or ten miles an hour in a named street of that city, went into a gully in a described part of the street, and, before the driver could recover from the shock, went into another and deeper gully, and she was thrown from the automobile and suffered consequent injuries described; that the…
1Opinion of the CourtJenkins, P. J.
1. Negligence by the driver of a private vehicle, contributing to the injury of a person riding therein by invitation, is not imputable to the injured person, unless it is made to appear that the injured person owned the vehicle, or had some agency or concern in its operation, such as that the driver was his servant or agent, or that the two were at the time engaged in a joint enterprise for their common benefit, or unless he otherwise had some right, or was under some duty, to control or influence the driver’s conduct, such as might arise from the obvious or known incompetency of the driver,…
2Cases cited9 opinions
- Fisher Motor Car Co. v. Seymour & AllenCourt of Appeals of Georgia · 1911
- Roach v. Western & Atlantic RailroadSupreme Court of Georgia · 1894
- Georgia Midland & Gule Railroad v. EvansSupreme Court of Georgia · 1891
- Metropolitan Street Railroad v. PowellSupreme Court of Georgia · 1892
- Christopherson v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rogers v. JohnsonCourt of Appeals of Georgia · 1956
- Western & Atlantic Railroad v. MathisCourt of Appeals of Georgia · 1940
- Sarman v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- Georgia Railroad v. StanleyCourt of Appeals of Georgia · 1928
- Sweet v. AwtryCourt of Appeals of Georgia · 1943
7 more not listed; retrieve them via the Exa API.