"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. [Cits.]" Morse v. MARTA, 161 Ga. App. 405, 406 (1) ( 288 S.E.2d 275) (1982). "`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.
[Cit.]" Morse v. MARTA, 161 Ga. App. 405, 406 (2) ( 288 S.E.2d 275) (1982). 4. Appellee Marinari moves this court for damages for frivolous appeal pursuant to OCGA ยง 5-6-6 and for attorney fees pursuant to OCGA ยง 9-15-14.
[Cit.]" Morse v. MARTA, 161 Ga. App. 405, 406 (2) ( 288 S.E.2d 275) (1982). Assuming it was raised and ruled on, and there being no transcript of evidence, we must also assume that the evidence authorized the trial court to deny defendant's motions in light of his contentions.
Defendants argue that they were deprived of the opportunity to address the documents in closing argument. The transcript, however, reflects no request to reargue or reopen closing comments to the jury, and this court will not consider issues raised for the first time on appeal. Hammond v. Paul, 249 Ga. 241 (1) ( 290 S.E.2d 54) (1982); see also Morse v. MARTA, 161 Ga. App. 405, 406 (2) ( 288 S.E.2d 275) (1982). The trial court was not obligated to offer the parties, sua sponte, the opportunity.
The charges embodied correct statements of law and were adjusted to the evidence in the case. Lockard v. Davis, 169 Ga. App. 208, 209-210 (2) ( 312 S.E.2d 194) (1983); Butler v. Anderson, 163 Ga. App. 547 (3) ( 295 S.E.2d 216) (1982); Morse v. MARTA, 161 Ga. App. 405 ( 288 S.E.2d 275) (1982). 9.
3. The evidence authorized the court to give the jury instructions on the statutes pertaining to proper speed and the use of headlights. "It is not error to give an instruction where there is any evidence . . . on which to predicate it." Morse v. MARTA, 161 Ga. App. 405 ( 288 S.E.2d 275) (1982). The trial court did not err in giving these instructions.
Jackson v. Brinegar, Inc., 165 Ga. App. 432, 436, 437 ( 301 S.E.2d 493) (1983). Moreover, "`[i]t is not error to give . . . [a jury] instruction where there is any evidence, however slight, on which to predicate it. [Cit.]'" Butler v. Anderson, 163 Ga. App. 547, 548 ( 295 S.E.2d 216) (1982); Morse v. MARTA, 161 Ga. App. 405 ( 288 S.E.2d 275) (1982). The court below did not err in instructing the jury on the issue of expenses of litigation.
Under Code ยง 105-2014, an injured plaintiff is under a general duty to lesson damages as far as is practicable by the use of ordinary case and diligence. "It is not error to give an instruction where there is any evidence, however slight, on which to predicate it. Camp v. Phillips, 42 Ga. 289." Morse v. MARTA, 161 Ga. App. 405 ( 288 S.E.2d 275) (1982). Judgment affirmed. McMurray, P. J., and Birdsong, J., concur.