Johnson v. Hodges

On Motion for Rehearing.

We wish to say, in answer to the motion for rehearing, that we do not believe there is any error in the charge on unavoidable accident.

Who is sought to be charged with negligence, in this case?

Hodges, who was the plaintiff below, was riding with Henry J’ohnson. Hodges had no control over the car." No issue was submitted to the jury in an effort to have a finding that Hodges was guilty of any act of negligence. No such issue was submitted, because no evidence was introduced that raised such issue.

Hodges sought by his pleadings to hold Henry Johnson and Johnson Bros,…