Mrs. Frances Faircloth and Ruel Faircloth v. James Fletcher Hester

This appeal from a judgment in an automobile collision diversity case raises two questions as to the District Court’s charge to the jury. The first question is whether the evidence warranted submission to the jury of the issue whether the driver of the car in which appellant was riding, Sullivan, was appellant’s agent. If the jury could have found agency, then a verdict premised on imputed negligence and comparative negligence was not out of order. In Warnock v. Elliott, 96 Ga.App. 778, 789, 101 S.E. 2d 591, 599 (1957), the Georgia Court of Appeals said: “If there is any evidence tending to…