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Stiles v. Seagraves

Court of Appeals of Georgia
Sep 8, 1971
185 S.E.2d 45 (Ga. Ct. App. 1971)

Opinion

46090.

ARGUED APRIL 6, 1971.

DECIDED SEPTEMBER 8, 1971.

Action for damages. Fulton Superior Court. Before Judge Etheridge.

Albert P. Feldman, for appellants.

Long, Weinberg, Ansley Wheeler, Meade Burns, for appellee.


Plaintiff in a personal injury action appeals from the judgment.

1. Enumerations of error 2, 3, 5, 6 and 7 are without merit as no objection was made before verdict. Biddinger v. Fletcher, 116 Ga. App. 532 ( 157 S.E.2d 764); Bryant v. Chasteen, 121 Ga. App. 446 ( 174 S.E.2d 192).

2. Enumerations of error 8, 9, 10 and 11 are also without merit. The trial judge is not required to give a requested charge in the exact language requested where the propositions therein stated are substantially and correctly covered by the general charge of the court. Srochi v. Kamensky, 121 Ga. App. 518, 523 ( 174 S.E.2d 263); Hardwick v. Price, 114 Ga. App. 817, 821 ( 152 S.E.2d 905).

3. Plaintiff enumerates as error the phrase in the court's charge ". . . proximate cause or direct cause means that cause which . . ." He contends the jury would have been confused by the interchangeable use of "proximate" and "direct." The contention is without merit. "The words `proximate,' `immediate' and `direct' are frequently used as synonomous." Godwin v. Atlantic C. L. R. Co., 120 Ga. 747 ( 48 S.E. 139); Atlanta Gas Light Co. v. Mills, 78 Ga. App. 690 ( 51 S.E.2d 705).

4. The enumeration of error on the court's charge concerning plaintiff's duty to exercise ordinary care for his own safety is also without merit since there was evidence which would authorize a jury to find plaintiff was not in the exercise of ordinary care for his own safety or even to find negligence on his part.

Judgment affirmed. Eberhardt and Whitman, JJ., concur.

ARGUED APRIL 6, 1971 — DECIDED SEPTEMBER 8, 1971.


Summaries of

Stiles v. Seagraves

Court of Appeals of Georgia
Sep 8, 1971
185 S.E.2d 45 (Ga. Ct. App. 1971)
Case details for

Stiles v. Seagraves

Case Details

Full title:STILES et al. v. SEAGRAVES

Court:Court of Appeals of Georgia

Date published: Sep 8, 1971

Citations

185 S.E.2d 45 (Ga. Ct. App. 1971)
185 S.E.2d 45

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