Mitchell v. Reece

Birdsong, Judge.

Intersection collision. A vehicle operated by appellants (son driving father’s truck for "family purpose”) collided with an automobile driven by appellee’s wife, in which appellee was a passenger. From an adverse jury verdict, appellants enumerate three alledged errors. Held:

1. Appellants complain first of the failure of the trial court to charge the jury as to contributory or comparative negligence, although the evidence was totally devoid of facts even tending to show negligence on the part of appellee. Appellants contend, however, in a second enumeration of error, that…