DocketNumber: 23133
Citation Numbers: 48 Ga. App. 483
Judges: Broyles, Guerry
Filed Date: 2/12/1934
Status: Precedential
Modified Date: 1/12/2023
dissenting. I am unable to concur in the opinion by the majority of this court. The plaintiff, through no fault of her own, but by reason of the negligent conduct of Blue, was placed in a position of danger. Except for the alleged negligent conduct of Blue in the first place she would not have been subjected to the danger of being struck by another car by reason of being on the wrong side of the road. Under the allegations of the petition, it certainly becomes a matter for a jury to determine whether or not the defendant Blue’s act was the proximate cause of the injury. Whether the plaintiff’s conduct was, if negligent, the proximate cause of the injury woixld also be for determination by the jury. She was confronted with the danger of remaining in the car, which could not be removed until help could be obtained to move it, and which was likely to be struck by an oncoming car, or of getting out in the rain to seek shelter, which would have been dangerous to her health. If the plaintiff had accepted the last alternative, and gotten out of the car in the rain and attempted to walk to shelter, and by reason of such conduct had contracted an illness, may it be said that the jury would not have been authorized in holding Blue responsible for such resultant injury, keeping in mind that the proximate cause is not necessarily the direct and immediate cause ? Dunbar v. Davis, 32 Ga. App. 192 (122 S. E. 895). See Georgia Ry. & Electric Co. v. McAllister, 126 Ga. 447 (54 S. E. 957, 7 L. R. A. (N. S.) 1177). The plaintiff, by the negligence of Blue, was placed in a position to
There is no subject more productive of legal discussion than is the doctrine of proximate cause. Reams have been written in reference thereto, and it will continue to challenge the minds of lawyers and of judges through the years. Proximate cause may not necessarily in juridic contemplation be sole or single nor immediate or direct. There may be other contributing causes which of themselves may be negligent or not negligent. Judge Powell, in Atlantic Coast Line R. Co. v. Daniel, 8 Ga. App. 775 (70 S. E. 203), said: “When a negligent act so operates upon a normal situation of prudently conducted activities as to produce through it an injury, which according to the laws of ordinary human probability, would not otherwise have happened, and no other wrongful act is found among the nearby activities which have joined in bringing about the injury, the negligent act may be regarded as the sole and proximate cause of the injury.” Unquestionably, under the allegations of the petition, the alleged negligent act of Blue so upset the normal course of things that the injury, according to the law of ordinary human probability, would not have happened but for such conduct. The question arises whether Rainey can be considered as an independent, responsible agency, so as to relieve Blue of responsibility for his negligence. It is true that the allegations of the petition do show that Rainey was running in violation of the law as to speed when he ran into the car of plaintiff, but it is not shown that such negligent act was the proximate cause of the injury. The night was extremely dark; it was raining; therefore, even construing the petition most strongly against the pleader, which seems to be the basis pf the majority opinion, it is most probable that the accident would