Thomson Wholesale Grocery Co. v. Merritt

Deen, Judge.

1. Objection is made to an instruction of the court in the language of Code Ann. § 68-1626 (2) to the effect that speed shall be so controlled as to avoid colliding with another vehicle. Skirting the question of whether the *765objection to the charge in the trial court was sufficient, where the plaintiff testified without objection that the speed of the defendant’s truck was “somewhat around 60, 65 or 70 miles an hour” and another witness, also without objection testified from having almost been hit by the defendant’s driver who was passing him just a few moments before the collision…