Carter v. Chambliss

Nichols, Judge.

1. Special ground numbered 4 of the amended motion for new trial complains that the excerpt from the charge quoted as “A” was in irreconcilable conflict with the excerpt quoted “B,” and special ground 6 complains that the excerpt quoted as “A” was error because it failed to include the requirement of the quoted ordinance that the plaintiff’s deceased husband have his vehicle under “instant control.”

It is obvious that the excerpts were intended to be mere converse statements of the same rule, and while the excerpt quoted *496as “A” does not refer to the “instant control” requirement…