Jackson v. Miles, 47142
| Decision Date | 17 May 1972 |
| Docket Number | No. 47142,No. 3,47142,3 |
| Citation | 126 Ga.App. 320,190 S.E.2d 565 |
| Parties | James W. JACKSON v. Glen E. MILES |
| Court | Georgia Court of Appeals |
Joseph B. Bergen, Savannah, for appellant.
Brannen & Clark, Perry Brannen, Jr., Savannah, for appellee.
Syllabus Opinion by the Court
The plaintiff made a left turn at the intersection of two city streets and was hit by an automobile driven by the defendant in the latter's lane of traffic. Verdict was for the defendant. The positions of the parties may be summed up by quoting briefly from the evidence: 'Plaintiff:
The defendant testified:
From a verdict and judgment for the defendant plaintiff appeals. Held:
1. A proper instruction relating to a given state of facts is not error where under any theory of the evidence it would be relevant to the issues. Hawkins v. State, 80 Ga.App. 496(2), 56 S.E.2d 315. It is clear from the testimony above quoted that a charge on the doctrine of emergency was adjusted to at least one version of the facts proved.
2. 'Failure to charge in the exact language requested, where the charge substantially covered the same principle, is no longer a ground for a new trial under Code Ann. § 70-207, as re-enacted.' Hardwick v. Price, 114 Ga.App. 817(3), 152 S.E.2d 905. The plaintiff's request to charge No. 1 relating to control of speed so as to avoid colliding with another person or vehicle (Code Ann. § 68-1626) was charged in language very similar to that suggested by the plaintiff. Similarly, requests Nos. 4, 12 and 13 set out the last clear chance doctrine, a subject accurately and concisely charged by the court.
Requests to charge Nos. 7 through 12 have to do with yielding the right of way at an intersection and are in general not adjusted to the evidence in this case, which is controlled by Code Ann. § 68-1651 as follows: 'The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this law, may make such left turn and the drivers of all other vehicles approaching the...
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