This is an automobile collision case in which the defendant filed a cross action. The jury found for the defendant in the full amount prayed. Plaintiff's motion for new trial on general and special grounds was overruled.
The evidence, construed in favor of the verdict, showed that plaintiff had taken a right turn onto Highway 330. When he did so, he crossed over to the shoulder on defendant's side of the road. Defendant's wife shortly before had crested a hill approaching plaintiff on Highway 330. She testified that, when she saw plaintiff approaching in her lane, she applied her brakes, running off the pavement and onto the shoulder of her side of the road; that a hole in the pavement "jerked" her back onto the road and that she then turned back into plaintiff's lane because "All I could think of was a head-on collision." The impact took place in plaintiff's lane. Held:
1. The general grounds are without merit as there is ample evidence to support the verdict.
2. A charge on emergency is complained of in special ground 4. Under the facts here, the charge was authorized under the principle stated in Morrow v. Southeastern Stages, 68 Ga. App. 142
(2, 3) (22 SE2d 336
), and followed recently in Williams v. Slusser, 104 Ga. App. 412 (3) (121 SE2d 796)