Etheridge Motors, Inc. v. Haynie

•Eberhardt, Judge.

The motion was granted on ground 5 only, wherein error was assigned upon the charge that “if the plaintiff, by the exercise of ordinary care, and by the use of his sight, could have avoided the negligence of the defendant, if any, and if you find from the'evidence in this case that the plaintiff herein has failed to use his sense of sight, then he could not be entitled to recover, even though you might find that the defendant was negligent.” (Emphasis added). Apparently the trial judge concluded that this charge had the effect, in the event the jury should find that the…