Atkinson v. Harvey

Jordan, Judge.

Donald Harvey by next friend filed suit to recover damages for personal injuries sustained in an automobile collision which was caused by the alleged negligence of the defendants. The jury returned a verdict for the plaintiff and the exception is to the denial of the defendants’ amended motion for new trial. Held:

1. “Where an extract from the charge of the court states a complete proposition and is correct in itself, it is not subject to exception merely because of failure to add something else to it. The exception should be to the omission and not to the instruction given.”…