Hill v. Kirk

Court of Appeals of Georgia

Hill v. Kirk

159 S.E. 724, 43 Ga. App. 549, 1931 Ga. App. LEXIS 454

CourtCourt of Appeals of Georgia

DecidedJuly 14, 1931

Docket21002

StatusPublished

This text of 159 S.E. 724 (Hill v. Kirk) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hill v. Kirk, 159 S.E. 724, 43 Ga. App. 549, 1931 Ga. App. LEXIS 454 (Ga. Ct. App. 1931).

Pincite

Opinion

Broyles, C. J.

1. Under the facts 'of the case it was error for the court to refuse a timely written request to charge the jury as follows: “If you find that the defendant, at the time of the alleged collision, was operating his automobile at a rate of speed in excess of forty miles per hour, this would be negligence upon the part of the defendant.”

2. The special grounds of the motion for a new trial other than that dealt with above are without merit.

3. The verdict in favor of the defendant was not demanded by the evidence, and the error stated above makes another hearing of the case necessary.

Judgment reversed.

Luke, J., concurs. Bloodioorlh, J., absent on account of illness.

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