McDougald v. Doughty

PARKER, Judge.

Appellant brings forward four assignments of error, all of which relate to the court’s instructions to the jury. The first assignment of error relates to the following portion of the court’s charge:

• “The Court charges you that negligence is the lack of ordinary care. It is failure to do what a reasonably careful and prudent person would have done, or the doing of something which a reasonably careful and prudent person would not have done, considering all of the circumstances then existing on the occasion in question.

“Negligence is not to be presumed from the mere fact of an…