124 Ga. App. 490 | Ga. Ct. App. | 1971
The plaintiff appeals from the overruling of his motion for a new trial, after verdict and judgment for the defendant, asserting error on the jury instructions regarding negligence rules as given or omitted. Held:
1. There was some evidence which would have authorized the jury to determine by inference that the defendant’s servant negligently failed to fill the radiator of a truck engine, after replacing a defective heater hose, which caused the engine to overheat, and that the plaintiff driver, upon raising the hood, over the engine to investigate the cause of steam or smoke escaping, may have negligently hit the radiator cap, causing it to come off, and that the combined negligence of the defendant’s servant and the plaintiff could proximately have caused the plaintiff’s injuries. The plaintiff was burned by steam or hot
2. The remaining contentions are without merit.
Judgment reversed.