From Casetext: Smarter Legal Research

Thomas v. Barnett

Court of Appeals of Georgia
Apr 17, 1972
190 S.E.2d 90 (Ga. Ct. App. 1972)

Opinion

47050.

ARGUED APRIL 7, 1972.

DECIDED APRIL 17, 1972.

Action for damages. Bibb State Court. Before Judge Phillips.

Jones, Cork, Miller Benton, E. Bruce Benton, for appellant.

Martin, Snow, Grant Napier, George C. Grant, George N. Skene, for appellees.


Plaintiff in a personal injury action appeals from the judgment and the denial of her motion for a new trial.

1. Plaintiff's first enumeration of error is without merit. Ga. R. c. Co. v. Bryans, 35 Ga. App. 713 ( 134 S.E. 787); Mishoe v. Davis, 64 Ga. App. 700 ( 14 S.E.2d 187).

2. Plaintiff contends the court erred in its charge on the minimum speed statute when it stated, in effect, that the minimum would not apply to a vehicle entering the highway from the emergency strip until there was a reasonable opportunity to attain the speed, unless the entry created a hazard to traffic. We see nothing wrong with the charge in light of plaintiff's objection, which was simply that the "minimum speed limit would apply to a vehicle entering the highway."

3. Plaintiff enumerates as error the failure to give two of her requested charges. The court did charge the principles of law involved, although not in the exact language. Gates v. Southern R. Co., 118 Ga. App. 201 ( 162 S.E.2d 893).

Judgment affirmed. Pannell and Quillian, JJ., concur.

ARGUED APRIL 7, 1972 — DECIDED APRIL 17, 1972.


Summaries of

Thomas v. Barnett

Court of Appeals of Georgia
Apr 17, 1972
190 S.E.2d 90 (Ga. Ct. App. 1972)
Case details for

Thomas v. Barnett

Case Details

Full title:THOMAS v. BARNETT et al

Court:Court of Appeals of Georgia

Date published: Apr 17, 1972

Citations

190 S.E.2d 90 (Ga. Ct. App. 1972)
190 S.E.2d 90

Citing Cases

Blake v. Continental Southeastern Lines

(3) Operating the vehicle at a speed below the minimum (OCGA § 40-6-184 (b) (Code Ann. § 68A-805)):…

Barnett v. Thomas

The minimum speed of 40 miles per hour does not apply to a vehicle entering the highway from the emergency…