Carr v. John J. Woodside Storage Co.

Jordan, Judge.

Special ground 1 of the amended motion for a new trial assigns error on the refusal of the court to give to the jury a requested charge on the doctrine of last clear chance. As pointed out by the Supreme Court in Southland Butane Gas Co. v. Blackwell, 211 Ga. 665, 670 (88 S. E. 2d 6), it is only where the defendant knows of the plaintiff’s perilous situation and realizes or has reason to realize the plaintiff’s helpless condition, that the defendant under the doctrine of last clear chance is charged with a duty of using with reasonable care and competence his then existing…