Everett v. Clegg

Gardner, Presiding Judge.

1. The evidence is amply sufficient to support the verdict. The general grounds are without merit.

2. Special ground 1 assigns error because the court charged as follows: “I charge you that no one is entitled to relief from the consequence of negligence, of neglecting to exercise ordinary care for his own protection, and safety, merely because the failure to do so arose from an emergency brought about by his own act in voluntarily placing himself in a position of perií, then he was *388not excused from exercising such care and he would not be entitled to recover in this…