Cobb v. Big Apple Supermarket of Columbus, Inc.

Feankum, Judge.

All of the special grounds of the plaintiff’s motion for a new trial present essentially the same question, viz., whether or not the court erred in instructing the jury with respect to the principles of law concerning “accident.” The plaintiff insists that neither the pleadings nor the evidence authorized a charge concerning accident.

Code § 102-103 defines accident as “an event that takes place without one’s foresight or expectation; that which takes place or begins to exist without design.” See Southern R. Co. v. Hill, 125 Ga. 354 (54 SE 113). It is sometimes expressed as an…