Powell v. Mauldin

Townsend, Judge.

1. Negligence of the defendant in a tort action which is not a part of the proximate cause of the plaintiff’s injury will not support a recovery. It is accordingly error for the court to instruct the jury that, should they believe the defendant was negligently operating a motor vehicle and the plaintiff was exercising ordinary care, they should find in favor of the plaintiff, and also to instruct them that, should they believe the defendant Delton Powell guilty of negligence they should find in favor of the plaintiff against such defendant irrespective of their verdict in…