WEYANDT v. BALLARD

40814.

110 Ga. App. 362 (1964)

138 S.E.2d 591

WEYANDT et al. v. BALLARD et al.

Court of Appeals of Georgia.

Rehearing Denied September 23, 1964.


Attorney(s) appearing for the Case

Joe E. Freeman, Jr., Paul M. Hawkins, for plaintiffs in error.

Lokey & Bowden, Glenn Frick, contra.


EBERHARDT, Judge.

1. Ground 4 of the motion complains of the failure of the court to give a requested charge in the exact language that any negligence on the part of the driver of plaintiffs' truck (the Southern Latex driver) would not be imputable to plaintiffs. Instead, the trial court submitted the question of agency to the jury, instructing them that the driver would have to be found to be plaintiffs' agent before any negligence could be imputed to them.

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