Toles v. Hair

1. Where the plaintiff was a passenger in an automobile that collided with a truck being driven by one of the defendants, and the evidence did not disclose that the plaintiff was in any way negligent and did not show that the driver of the automobile was the agent of or under the control of the plaintiff, it was error for the court to charge that a duty was upon the plaintiff to exercise ordinary care to avoid the consequence of the defendants’ negligence, if any, and that if she failed to do so there could be no recovery. Bellamy v. Georgia Power Co., 67 Ga. App. 569 (21 S. E. 2d, 294);…