Gatewood v. Vaughn , 86 Ga. App. 823 ( 1952 )

Felton, J.,

concurring specially. I concur in the judgment because ground one of the amended motion is not complete. I think the charge would have been error and the exception good if the ground had showed that there was evidence from which the jury could have found that the defendant’s negligence was the cause of the emergency. A party cannot take advantage of an emergency created by his own negligence, and where the facts authorize a finding either that such party did or did not cause the emergency by his own negligence, a charge which does not distinguish between the situations in which a party may take advantage of an emergency, and in which he cannot, is erroneous.