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111 Ga. App. 759

Bracewell v. Bracewell

Court of Appeals of Georgia

Decided May 4, 1965

Court of Appeals of Georgia · decided 1965-05-04

Relies on Executive Committee of Baptist Convention v. Ferguson

Good law ✅— No negative treatment on recordhow we know

Decided 1965-05-04

How this case has been cited

Cited by 5 later decisions — most recently October 1981

5 state decisions

30196519701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Felton, Chief Judge.

¶1In the trial of an action instituted by a guest passenger in an automobile against his host driver and the driver of another automobile to recover damages for the alleged independent and concurring negligence of the two drivers alleged to be the proximate cause of plaintiff’s injuries, it was error requiring the grant of a new trial for the court to charge the jury that the standard of care and diligence required by both and all parties in a case is the same, that of ordinary care and diligence, where the attention of the jury was not called to the erroneous charge and the erroneous charge was not withdrawn, and a subsequent correct charge (or charges) does not cure the error. Exec. Comm. of Baptist Conv. v. Ferguson, 213 Ga. 441 (99 SE2d 150). For various decisions to this same effect see Code Ann. § 70-207, catchwords “Directing Attention,” and “Correction.”

¶2The exception in ground 2 of the amended motion to the court’s charge on concurring negligence is without merit and was properly overruled.

¶3Ground 3 is incomplete in that it does not contain evidence or show where in the record it could be found, which shows the charge complained of is erroneous or harmful.

Submitted March 1, 1965 Decided May 4, 1965 Rehearing denied May 27, 1965. H. Dale Thompson, for plaintiff in error. Smith, Swift, Currie, McGhee & Hancock, Richard H. Monk, Jr., James B. Hiers, Jr., Jones & Douglas, B. B. Hayes, contra.

¶4The exception to the court’s answer to a juror’s question involves a question which will not likely occur on another trial and does not require a ruling on ground 4.

¶5Ground 5 of the amended motion for a new trial is incomplete in that it does not show the ground or grounds of the motion for a mistrial, the refusal by the court to grant which is alleged to have been error.

¶6 Grounds 6 and 7 are also incomplete in that they do not allege the grounds upon which the motions for a mistrial were made.

¶7The general grounds are without merit.

¶8The court erred in not granting a new trial.

¶9 Judgment reversed.

Jordan and Russell, JJ., concur.
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