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Carter v. Central of Ga. R. Co.

Court of Appeals of Georgia
May 8, 1979
256 S.E.2d 149 (Ga. Ct. App. 1979)

Opinion

57685.

ARGUED APRIL 10, 1979.

DECIDED MAY 8, 1979.

Action for damages. Muscogee Superior Court. Before Judge Whisnant.

Billy E. Moore, J. Sherrod Taylor, for appellant.

Kelly, Denney, Pease Allison, Ray Allison, for appellees.


Plaintiff, dissatisfied with the amount of her verdict for personal injuries sustained in an automobile collision, contends that the evidence was insufficient to warrant the court's charge on the doctrines of comparative negligence, equal negligence, and avoidance.

The usual criteria are well known. "It is a well established rule that an instruction is not abstract or inapplicable where there is any evidence, however slight, on which to predicate it. Camp v. Phillips, 42 Ga. 289. "To justify a charge on a given subject, it is not necessary there should be direct evidence going to that point; it is enough if there be something from which a legitimate process of reasoning can be carried on in respect to it.' Pope v. Associated Cab Co., 90 Ga. App. 560, 561 ( 83 S.E.2d 310). Accord, Carroll v. Hayes, 98 Ga. App. 450, 455 ( 105 S.E.2d 755)." East Side Auto Parts v. Wilson, 146 Ga. App. 753 ( 247 S.E.2d 571) (1978). "To warrant the court in charging the jury on a given topic it is not necessary that the evidence should shine upon it with a clear light but `it is enough if glimpses of it be afforded by the evidence.' Brown v. Matthews, 79 Ga. 1 (2) ( 4 S.E. 13)." Walden v. State, 121 Ga. App. 142, 145 (1) ( 173 S.E.2d 110) (1970).

The collision at issue took place in the middle of a congested intersection, and we find nothing to take the case out of the above rules.

Judgment affirmed. Banke, Acting P. J., and Carley, J., concur.

ARGUED APRIL 10, 1979 — DECIDED MAY 8, 1979.


Summaries of

Carter v. Central of Ga. R. Co.

Court of Appeals of Georgia
May 8, 1979
256 S.E.2d 149 (Ga. Ct. App. 1979)
Case details for

Carter v. Central of Ga. R. Co.

Case Details

Full title:CARTER v. CENTRAL OF GEORGIA RAILROAD COMPANY et al

Court:Court of Appeals of Georgia

Date published: May 8, 1979

Citations

256 S.E.2d 149 (Ga. Ct. App. 1979)
149 Ga. App. 867

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