Cartey v. Smith

Russell, Judge.

1. Special ground 3 complains that the court’s charge on the doctrine of emergency was without evidence to support it in that the defendant’s testimony showed him to have been aware of the entire factual situation. This contention is not accurate, for the defendant, if he was in fact traveling between ten and fifteen miles per hour, was two car lengths behind the plaintiff, and knew that the plaintiff would slow up or stop at the traffic signal, and did in fact apply his brakes under those circumstances, the brakes and tires both being in good condition, would naturally have…