132 Ga. App. 626 | Ga. Ct. App. | 1974
This action for bodily injury and property damage
Following the rendition of a special verdict by a jury finding that Cynthia Davis was not a competent person to drive an automobile, the court, as a matter of law, directed a verdict against both plaintiffs and appeal followed. Held:
1. It is enumerated that the court erred in its charge to the jury on the question of competency of Cynthia Davis. Appellants maintain that the term "duly qualified,” as used in the charge to the jury, connotes "licensed or authorized to drive.” No objection to this portion of the charge was made at the trial, although successful objection was made to utilization of the phrases "legal qualifications” and "legally fit” and which dictated a recharge to the jury. Therein the jury was advised to disregard the objectionable word's and further admonished that the test was not the illegal act of driving without a license. The jury then was again charged as to the definition of competency and again no objection was voiced.
Section 17 of the Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 31, as amended by Ga. L. 1966, pp. 493, 498; Code Ann. § 70-207) while proscribing a party from complaining of the giving of a charge to the jury unless he has objected before the jury returns a verdict, also provides that irrespective of such failure to object the appellate courts will consider and review an erroneous charge where there has been a substantial error in the charge which was harmful as a matter of law. We find no such error present in this case. The enumerated error is without merit.
2. It is enumerated that the court erred in directing a verdict after the rendition of a verdict on the special issue against the appellants. At the conclusion of the evidence adduced by both parties, except that relating to damages, the court directed the jury to return a special finding, i. e., whether or not Cynthia Davis, a 13-year-old girl, was a competent driver. The jury returned a finding
Judgment reversed.