Baggett v. Jackson

(After stating the foregoing facts.) Error is assigned in special ground 1 of the motion for a new trial on the following charge of the court: “Gentlemen, an accident is an occurrence where there is no negligence attributable to either of the parties, so an accident, if there be such in the case, would not be the basis for recovery.” The plaintiff in error does not contend that the charge is erroneous as an abstract principle of law, but contends that it was not adjusted to the pleadings and evidence, and was misleading and confusing to the jury. An accident, in a strict legal sense, as…