Weyandt v. Ballard

Eberhardt, Judge.

Ground 4 of the motion complains of the failure of the court to give a requested charge in the exact language that any negligence on the part of the driver of plaintiffs’ truck (the Southern Latex driver) would not be imputable to plaintiffs. Instead, the trial court submitted the question of agency to the jury, instructing them that the driver would have to be found to be plaintiffs’ agent before any negligence could be imputed to them.

*363It is axiomatic that a requested charge must be pertinent, legal and adjusted to the pleadings and the evidence before failure to charge it…