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Lawskills.com Georgia Caselaw
ATLANTIC COAST LINE R. CO. et al. v. PHILLIPS
33737.
Damages; from Thomasville City Court-- Judge Craigmiles. June 5, 1951.
FELTON, J.
Where the sole proximate cause of the death of a guest of one operating a truck is the negligence of the driver of the truck, there can be no recovery by the widow of such guest for his alleged tortious death by another.
This is a companion case to Atlantic Coast Line R. Co. v. Dolan, ante. In that case it was held that the sole proximate cause of the death of the driver of the truck was his own negligence in not avoiding the consequences of the alleged negligence of the railroad by the exercise of ordinary care. It follows that the widow of a guest of the driver of the truck in that ease cannot recover for the reason that the sole proximate cause of the death of her husband was the negligence of the driver of the truck.
The court erred in overruling the general demurrer to count 2 of the petition.
Titus & Altman, contra.
S. Spencer Bennet, Thomas K. Vann Jr., Alexander Vann & Lilly, for plaintiffs in error.
DECIDED OCTOBER 18, 1951.
Friday July 25 11:20 CDT


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