Harris v. Stucki

On Motion for Rehearing.

Defendant, moving for rehearing, urges that since plaintiff alleged in Paragraph 8 of his petition that he was “about to enter the southernmost of the two lanes marked for vehicular traffic traveling west [when] petitioner observed that an automobile traveling west in said lane was about to strike petitioner, and petitioner, in order to avoid being struck by said automobile, stepped backward, and was violently struck down by an automobile being operated by the defendant traveling east in the northernmost of the three marked lanes for traffic trav*373eling east,” plaintiff is bound by an admission in judicio that he was not across the dividing line and that defendant’s vehicle was in its proper lane of traffic when it struck him.

Evidence contrary to these allegations might have been objected to and kept out of the summary judgment hearing, but nothing in this record indicates that any objections were made. Consequently, the contention now made is without merit. Planters Rural Telephone Co-op. v. Chance, 108 Ga. App. 146, 147 (132 SE2d 90).

Motion denied.