Tallent v. McKelvey

105 Ga. App. 660 (1962)

125 S.E.2d 65

TALLENT

v.

McKELVEY.

39141.

Court of Appeals of Georgia.

Decided February 7, 1962.

Judgment Adhered To March 23, 1962.

Rehearing Denied March 30, 1962.

Parker, Clary & Kent, E. J. Clower, for plaintiff in error.

Fullbright & Duffey, Covington, Kilpatrick & Storey, contra.

HALL, Judge.

1. The evidence did not demand a verdict for the defendant.

2. Ground 6 complains of the charge of the court on the subject of accident. We think this charge was error. It gave the defendant the benefit of a defense not pleaded or sustained by the evidence. Since accident was not…