Cowart v. Gunn

1. It is contended that the following charge was error: “I charge you that if at the time of this collision that Mr. Jarrett was the agent of the defendant, and that he was guilty of negligence, and the plaintiff in the exercise of ordinary care, and if Jarrett was driving at the time, and Mr. Gunn in the exercise of ordinary care for his own safety could not have avoided his injuries, then he would be entitled to recover,” because “the charge authorized the jury to find for Gunn on the basis of some act of negligence on the part of Jarrett which was not even alleged.” The contention is…