Harris v. Georgia Railway & Power Co.
Court of Appeals of Georgia
Action for damages; from Fulton superior court—Judge Pendleton, April 4, 1918. The plaintiff, when driving an oil-tank wagon southwardly along the west side of Lee street in the city of Atlanta, turned his wagon to the left, and drove on the street-car track in order to pass an ice-wagon which was standing between the track and the sidewalk; and when he had passed the ice-wagon and was turning his wagon to the right, leaving the street car track, a street-car approaching…
Read the full summary
Action for damages; from Fulton superior court—Judge Pendleton, April 4, 1918. The plaintiff, when driving an oil-tank wagon southwardly along the west side of Lee street in the city of Atlanta, turned his wagon to the left, and drove on the street-car track in order to pass an ice-wagon which was standing between the track and the sidewalk; and when he had passed the ice-wagon and was turning his wagon to the right, leaving the street car track, a street-car approaching from behind, and which he had seen before he drove on-the track, struck the left rear-wheel of his wagon with such force…
1Opinion of the CourtBroyles, P. J.
Under the facts of the case the court erred in awarding a nonsuit.
Judgment reversed.
2ConcurrenceBloodworth, J.
Stephens, J., not presiding. In the brief of counsel for the plaintiff it is stated that the trial judge, in granting the nonsuit, said that the case was controlled by the decision in Athens Ry. & Electric Co. v. McKinney, 16 Ga. App. 741. Arminius Wright, for plaintiff, cited:
Savannah Electric Co. v. Ellarbee, 6 Ga. App. 137(2); Howard v. Savannah Electric Co., 140 Ga. 484, and citations; Columbus Street R. Co. v. Beny, 142 Ga. 670; Macon Ry. & Light Co. v. Barnes, 121 Ga. 443-5; Ga. Ry. & El. Co. v. Joiner,…
3Cases cited19 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Western & Atlantic Railroad v. FergusonSupreme Court of Georgia · 1901
- Atlanta, Knoxville & Northern Railway Co. v. GardnerSupreme Court of Georgia · 1905
- Southern Railway Co. v. DavisSupreme Court of Georgia · 1909
- Charleston & Western Carolina Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
14 more not listed; retrieve them via the Exa API.