Gaines v. McCarty

Hall, Judge.

Ground 1 complains of an excerpt from the court’s charge including instructions to the effect that, if the jury found that one or more of the defendant’s alleged acts of negligence had been proven and that this negligence was the proximate cause, or a proximate contributing cause of the collision, then it would be their duty and they were instructed to return a verdict in favor of the plaintiffs.

The defendant contends that this charge excluded from the jury’s consideration (a) the issue that the defendant’s alleged driving on the left side of the road was done in an emergency, and…