dissenting.
I cannot agree with the majority that the trial court did not err in refusing to give appellant’s request to charge No. 39 which is the entirety of OCGA § 44-9-40 as follows: “(a) The superior court shall have jurisdiction to grant private ways to individuals to go from and return to their property and places of business. Private ways shall not exceed 20 feet in width and may be as much less as the applicant may choose or as the court may find to be reasonably necessary. They shall be kept open and in repair by the person on whose application they are established or his successor in title, (b) When any person or corporation of this state owns real estate or any interest therein to which the person or corporation has no means of access, ingress, and egress and when a means of ingress, egress, and access may be had over and across the lands of any private person or corporation, such person or corporation may file his or its petition in the superior court of the county having jurisdiction; said petition shall allege such facts and shall pray for a judgment condemning an easement of access, ingress, and egress not to exceed 20 feet in width over and across the property of the private person or corporation. The filing of the petition shall be deemed to be the declaration of necessity; however, where it appears that the condemnor owns a right of access, ingress, and egress to his property over another route or owns an easement to a right of private way over another route, which right or easement is not less than 20 feet in width and which alternate route affords such person or corporation a reasonable means of access, ingress, and egress, or where the judge shall find that the exercise of such right of condemnation by the condemnor is otherwise unreasonable, the judge of the superior *889court is authorized under such circumstances to find that the condemnation and the declaration of necessity constitute an abuse of discretion and to enjoin the proceeding.” (Emphasis supplied.)
As the majority properly recognizes, it is especially the emphasized portion of the Code section which forms the basis of appellant’s contention that harmful error occurred in the refusal of the trial court to give the requested charge. The appellant presented evidence that the owner of the property over which any right-of-way would have to be obtained would vigorously oppose such right-of-way and that under the particular circumstances involved, any such right-of-way would be “unreasonable.” The charge was adjusted to the evidence and should have been given.
The majority correctly holds that “[t]he ‘prima facie case of necessity’ shown by the existence of landlocked property does not equate to an absolute entitlement to a private way to such property regardless of the reasonableness involved.” (Majority opinion, page 884.) But the majority then concludes that the trial court’s refusal to charge appellant’s request to charge No. 39 was not reversible error because the requested charge was not “adjusted to the evidence adduced at trial.” (Majority opinion, page 884.) However, it is clear from a review of the evidence offered at trial that appellant relied extensively upon its evidence showing, both explicitly and implicitly, that the creation of a private right-of-way would be unreasonable and might be refused by the superior court.
“To justify a charge on a given subject, it is not necessary there should be direct evidence going to that point; it is enough if there be something from which a legitimate process of reasoning can be carried on in respect to it. [Cits.]” Morse v. MARTA, 161 Ga. App. 405, 406 (1) (288 SE2d 275) (1982). “ ‘To warrant the court in charging the jury on a given topic it is not necessary that the evidence should shine upon it with a clear light but “it is enough if glimpses of it be afforded by the evidence.” [Cit.]’ [Cit.]” Harris v. Collins, 149 Ga. App. 638, 640 (5) (255 SE2d 107) (1979). The condemnor’s evidence raised the issue of the reasonableness of the grant of a private right-of-way to appellees. The condemnor’s argument in this connection may or may not have been viable, and that was for the jury to determine. However, in determining that issue, the jury should have been charged as to the entire Code section so that it would be aware of the possibility of a denial of such a private right-of-way.
For the above reasons, I believe that the trial court committed reversible error in refusing to give the requested charge. See Dept. of Transp. v. Pilgrim, 175 Ga. App. 576, 577 (1c) (333 SE2d 866) (1985). Therefore, I respectfully dissent.
I am authorized to state that Presiding Judge McMurray joins in this dissent.
*890Decided July 7, 1988 Rehearing denied July 20, 1988 Dennis S. Mackin, J. Matthew Dwyer, Jr., Beryl H. Weiner, Michael J. Bowers, Attorney General, for appellant. Paul Webb, Jr., Laurie Webb Daniel, for appellees.