O'DELL v. James

The defendant’s automobile rear-ended tbe automobile of plaintiff George W. O’Dell while the latter was stopped for a red traffic signal. The jury returned a verdict of $450 in plaintiff’s favor and of $50 for loss of consortium in favor of his wife, the other plaintiff. Plaintiffs appeal asserting, among other things, that the trial judge erred in injecting by his charge the issue of sudden emergency although the issue had not been earlier raised by the defendant either in his pleadings, pretrial statement or oral argument and was not supported by evidence.

Defendant-appellee makes a…