CALLAGHAN v. ELLIOTT

33531.

84 Ga. App. 90 (1951)

65 S.E.2d 633

CALLAGHAN v. ELLIOTT.

Court of Appeals of Georgia.

Decided June 9, 1951.


Attorney(s) appearing for the Case

L. Eugene Jessup, for plaintiff in error.

Robert S. Horne, contra.


FELTON, J.

1. Plaintiff in error contends that the original petition does not allege a cause of action because it does not allege that defendant owed plaintiff any duty the violation of which injured plaintiff. The plaintiff clearly alleges such a duty and its violation to his injury. The duty of a driver of an automobile, relative to persons and property on the highway, is to exercise ordinary care to avoid injuring them. Giles v. Voiles, 144 Ga. 853...

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