Jackson v. Miles, 190 S.E.2d 565 (Ga. Ct. App. 1972). · Go Syfert
Jackson v. Miles, 190 S.E.2d 565 (Ga. Ct. App. 1972). Cases Citing This Book View Copy Cite
56 citation events across 2 distinct courts.
Strongest positive: Pool Markets South, Inc. v. Moore (gactapp, 1988-10-27)
Treatment trajectory · 1972 → 2026 · click a year to view as-of
1972 1999 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) Pool Markets South, Inc. v. Moore
Ga. Ct. App. · 1988 · confidence medium
Greenway v. Griffith, 225 Ga. 632 (2) ( 170 SE2d 423 ) (1969); Jackson v. Miles, 126 Ga. App. 320, 322 (3) ( 190 SE2d 565 ) (1972).
cited Cited as authority (rule) Brooks v. Douglas
Ga. Ct. App. · 1982 · confidence medium
See Pollard v. State, 236 Ga. 587, 589 (3) ( 224 SE2d 420 ); Jackson v. Miles, 126 Ga. App. 320, 321 (2) ( 190 SE2d 565 ); Seaboard C.
discussed Cited as authority (rule) Graham Brothers' Construction Co. v. C. W. Matthews Contracting Co.
Ga. Ct. App. · 1981 · confidence medium
However, this charge was given in substance by the court with reference to damages recoverable for a breach of contract as being those that, “arise naturally and according to the usual course of things from such *550 breach,” and “such as the parties contemplated when the contract was made as the probable result of its breach,” and thereafter, the substance of Code § 20-1406, including the phrase, “unless they are capable of exact computation.” See Sanford-Brown Co. v. Patent Scaffolding Co., 199 Ga. 41, 43 ( 33 SE2d 422 ); Darlington Corp. v. Evans, 88 Ga. App. 84, 90 ( 76 SE2d 7…
discussed Cited as authority (rule) ADBE Distributing Co. v. Hundred East Credit Corp.
Ga. Ct. App. · 1980 · confidence medium
“It is obviously economical of court and jury time to compare the jury instructions offered by the litigants with those presented by the trial judge in such manner that, if it can be determined that the point at issue was presented in substantially as clear and understandable a manner as that requested ... there should be no reversal where the language conveys correctly the intent of the law and is so framed as to be applied with understanding to the fact situation.” Jackson v. Miles, 126 Ga. App. 320, 322 (2) ( 190 SE2d 565 ) (1972); Evans v. DeKalb County Hosp.
discussed Cited as authority (rule) Evans v. Dekalb County Hospital Authority
Ga. Ct. App. · 1980 · confidence medium
Nonetheless, "if it can be determined that the point at issue was presented in substantially as clear and understandable a manner as that requested, keeping in mind that a jury is a lay audience, there should be no reversal where the language conveys correctly the intent of the law and is so framed as to be applied with understanding to the fact situation.” Jackson v. Miles, 126 Ga. App. 320, 322 ( 190 SE2d 565 ) (1972). 5.
cited Cited as authority (rule) Mize v. State
Ga. Ct. App. · 1976 · confidence medium
Long v. State, 12 Ga. 293, 323; Jackson v. Miles, 126 Ga. App. 320, 321 (2) ( 190 SE2d 565 ). 5.
discussed Cited as authority (rule) Hogan v. City-County Hospital
Ga. Ct. App. · 1976 · confidence medium
"It is not error to refuse a request to *912 charge, or to fail to give it in the exact language thereof, when it is adequately covered in the general charge. [Cits.]” Maloy v. Dixon, 127 Ga. App. 151, 163 (5), supra. See also Jackson v. Miles, 126 Ga. App. 320, 321 (2) ( 190 SE2d 565 ); White v. State, 230 Ga. 327, 329 ( 196 SE2d 849 ). 8.
cited Cited as authority (rule) Land v. McClure
Ga. Ct. App. · 1975 · confidence medium
R. *245 Co. v. Thomas, 125 Ga. App. 716, 718 ( 188 SE2d 891 ) and cits., aff'd 229 Ga. 301 ( 190 SE2d 898 ); Jackson v. Miles, 126 Ga. App. 320, 321 (2) ( 190 SE2d 565 ).
discussed Cited as authority (rule) Hunter v. State
Ga. Ct. App. · 1975 · confidence medium
"Failure to charge in the exact language requested, where the charge substantially covered the same principle, is no longer a *174 ground for a new trial.” Jackson v. Miles, 126 Ga. App. 320, 321 ( 190 SE2d 565 ).
discussed Cited as authority (rule) Brown v. Georgia Power Co.
Ga. Ct. App. · 1975 · confidence medium
"The failure of the court to give a requested charge in the exact language requested, where the charge *790 given covered the same principle of law, is not a ground for a new trial.” Harkness v. Harkness, 228 Ga. 184, 185 (2) ( 184 SE2d 566 ); Jackson v. Miles, 126 Ga. App. 320, 321 (2) ( 190 SE2d 565 ).
discussed Cited as authority (rule) Mote v. Mote
Ga. Ct. App. · 1975 · confidence medium
Hardwick v. Price, 114 Ga. App. 817 (3) ( 152 SE2d 905 ); Jackson v. Miles, 126 Ga. App. 320, 321 (2) ( 190 SE2d 565 ). (b) Defendant’s request number 5, which as stated above the court charged, is as follows: "I charge you that transactions between the parties themselves, that is, the transferors and transferees, are excepted from the provisions of the Georgia Motor Vehicle Certificate of *672 Title Act and, as between the parties to the transactions, there can be a legal and binding transfer of title to an automobile even though there has been no transfer of the certificate of title and ev…
cited Cited as authority (rule) Davenport v. Little
Ga. Ct. App. · 1974 · confidence medium
See in this connection Hardwick v. Price, 114 Ga. App. 817, 821 ( 152 SE2d 905 ); Jackson v. Miles, 126 Ga. App. 320, 321 ( 190 SE2d 565 ).
cited Cited as authority (rule) Haley v. Kinney
Ga. Ct. App. · 1974 · confidence medium
Jackson v. Miles, 126 Ga. App. 320, 321 ( 190 SE2d 565 ). 4.
cited Cited as authority (rule) Smith v. State
Ga. · 1974 · confidence medium
Jackson v. Miles, 126 Ga. App. 320, 321 ( 190 SE2d 565 ).
discussed Cited as authority (rule) Hutcheson v. City of Jesup
Ga. Ct. App. · 1974 · confidence medium
"It is obviously economical of court and jury time to compare the jury instructions offered by the litigants with those presented by the trial judge in such manner that, if it can be determined that the point at issue was presented in substantially as clear and understandable a manner as that requested, keeping in mind that a jury is a lay audience, there should be no reversal where the language conveys correctly the intent of the law and is so framed as to be applied with understanding to the fact *88 situation.” Jackson v. Miles, 126 Ga. App. 320, 322 ( 190 SE2d 565 ).
cited Cited as authority (rule) Georgia Power Co. v. Hendricks
Ga. Ct. App. · 1974 · confidence medium
Young v. State, 226 Ga. 553, 556 ( 176 SE2d 52 ); Jackson v. Miles, 126 Ga. App. 320, 321 ( 190 SE2d 565 ).
discussed Cited "see" White v. Archer Daniels Midland Co. (2×)
Ga. Ct. App. · 1986 · signal: see · confidence high
See Jackson v. Miles, 126 Ga. App. 320 (1) ( 190 SE2d 565 ) (1972).
discussed Cited "see" McNeely v. M. & M. Supermarkets, Inc. (2×)
Ga. Ct. App. · 1980 · signal: see · confidence high
See Jackson v. Miles, 126 Ga. App. 320 ( 190 SE2d 565 ) (1972); Dill v. Dallas County Farmers’ Exchange No. 177, 267 SW2d 677 (Mo. 1954); and P-M Gas & Wash Co. v. Smith, 383 NE2d 357 (Ct. App. Ind. 1978).
Retrieving the full opinion text from the archive…
Jackson
v.
Miles
47142.
Court of Appeals of Georgia.
May 17, 1972.
190 S.E.2d 565
Joseph B. Bergen, for appellant., Brannen & Clark, Perry Brannen, Jr., for appellee.
Deen, Eberhardt, Quillian, Clark.
Cited by 28 opinions  |  Published
Deen, Judge.

The plaintiff made a left turn at the intersection of two city streets and was hit by an automobile driven by the defendant in the latter’s lane of traffic. Verdict was for the defendant. The positions of the parties may be summed up by quoting briefly from the evidence: Plaintiff: "As I approached the intersection, I slowed to a real slow crawl, you might call it, and looked around the corner to see if any automobiles were heading south on East Broad in the other lane. When I looked, I didn’t see any other cars. . . I didn’t see any vehicles approaching heading south. I proceeded through the intersection, I say approximately five miles per hour and I had already crossed the center of the two lanes, the two lane drive there, one here and one here, I’ve already passed that. I was almost into Broughton [the intersecting] street when I heard brakes squealing. ., . Applying brakes and after, I guess the brakes were released or something. The vehicle sped right on into me.”

The defendant testifies: "Well, I was about two and one-half car lengths away from the intersection. I seen Mr. Jackson coming across. I thought he was going to stop at the center lane and wait for me to come by. As I approached closer, he didn’t even turn his head to look and see if anybody was coming. I was watching him. . . and- he never even looked my way and he didn’t have any turn signals on whatsoever. When I see Mr. Jackson come in to my section of the street ... I swerved to try to prevent the accident. . . I applied my brakes.”

From a verdict and judgment for the defendant plaintiff appeals. Held:

[*321] 1. A proper instruction relating to a given state of facts is not error where under any theory of the evidence it would be relevant to the issues. Hawkins v. State, 80 Ga. App. 496 (2) (56 SE2d 315). It is clear from the testimony above quoted that a charge on the doctrine of emergency was adjusted to at least one version of the facts proved.

2. "Failure to charge in the exact language requested, where the charge substantially covered the same principle, is no longer a ground for a new trial under Code Ann. § 70-207, as re-enacted.” Hardwick v. Price, 114 Ga. App. 817 (3) (152 SE2d 905). The plaintiff’s request to charge No. 1 relating to control of speed so as to avoid colliding with another person or vehicle (Code Ann. § 68-1626) was charged in language very similar to that suggested by the plaintiff. Similarly, requests Nos. 4, 12 and 13 set out the last-clear chance doctrine, a subject accurately and concisely charged by the court.

Requests to charge Nos. 7 through 11 have to do with yielding the right of way at an intersection and are in general not adjusted to the evidence in this case, which is controlled by Code Ann. § 68-1651 as follows: "The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this law, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.” This rule of law was properly charged, and the court added: "One of the issues in this case is. . . who had control of the intersection? Had Mr. Jackson entered it? Had he gotton control of it? Had he gotten in it so that Mr. Miles should not have entered it? Or was the contention of Mr. Miles [correct] that Mr. Jackson just pulled out in front of him without warning or sig[*322] nal, that he had no notice of it, and did he do everything possible to avoid him?”

It is obviously economical of court and jury time to compare the jury instructions offered by the litigants with those presented by the trial judge in such manner that, if it can be determined that the point at issue was presented in substantially as clear and understandable a manner as that requested, keeping in mind that a jury is a lay audience, there should be no reversal where the language conveys correctly the intent of the law and is so framed as to be applied with understanding to the fact situation.

3. "The well established rule is that where the court incorrectly instructs the jury as to the measure of damages to be applied, if the jury exonerates the defendant so that the consideration of the measure of damages is eliminated from the case, the instructions given, even if erroneous, cannot be held to prejudice the plaintiff’s cause.” King v. Sharpe, 96 Ga. App. 71, 83 (99 SE2d 283) and citations. The third enumeration of error is without merit.

4. There was no error in charging the provisions of Code Ann. § 68-1648 regarding turn signals. That part of the fourth enumeration of error which complains merely of error "in charging defendant’s request to charge no. 2” is unintelligible as this request is not included in the record. It was obviously correct, as noted above, to charge the necessity of giving such signal when making a turn.

5. Where the court, after stating that by negligence "I mean the failure to do • something which a reasonable, careful person would do under the same or similar circumstances” adds "What would you have done had you been an actor in the scene of the occurrence. . . when the cars of Mr. Jackson and Mr. Miles collided? What would you have done as a reasonable person? What would a reasonable person do?” it does not appear that the jury was instructed to substitute their own behavior for that of the hypothetical man of ordinary prudence. Nor was there any harmful error in cautioning the jury that they were[*323] not to concern themselves with any proceedings in the traffic court.

Submitted May 5, 1972— Decided May 17, 1972. Joseph B. Bergen, for appellant. Brannen & Clark, Perry Brannen, Jr., for appellee.

Judgment affirmed.

Eberhardt, P. J., and Quillian, J., concur. Clark, J., disqualified.