Colvin v. Truitt

2 Citing cases

  1. Seitz v. McCullough

    225 S.E.2d 917 (Ga. Ct. App. 1976)   Cited 4 times

    In Butts v. Davis, 126 Ga. App. 311 (10) ( 190 S.E.2d 595), it was held not error to charge on intoxication where the only apparent evidence of same was the admission of a driver that he had drunk one can of beer immediately before the collision. In Colvin v. Truitt, 122 Ga. App. 233 ( 176 S.E.2d 502), it was held that the trial judge did not err in refusing to admit evidence of odor of beer on the driver and of two, unopened chilled bottles of beer found near the scene of the collision. But see Bentley v. Ayers, 102 Ga. App. 733 (5) ( 117 S.E.2d 633).

  2. Roesler v. Etheridge

    187 S.E.2d 572 (Ga. Ct. App. 1972)   Cited 9 times

    " Flanigan v. Reville, 107 Ga. App. 382 ( 130 S.E.2d 258). While any negligence of the third-party defendant as the host driver would not be imputable to the plaintiff guest, his negligence, if the proximate cause of plaintiff's injuries, would eliminate liability on the part of the defendant. Colvin v. Truitt, 122 Ga. App. 233 (3) ( 176 S.E.2d 502). Defendant's plea of guilty to a traffic charge is an admission, but it is not conclusive that defendant was negligent as it is only a circumstance to be considered along with the other evidence in the civil action for damages. Roper v. Scott, 77 Ga. App. 120 ( 48 S.E.2d 118). We also fail to see where the defendant made any admission of liability to plaintiff by his pleading in the third-party complaint.