Cent. Of Ga. Ry. Co v. Cole

• Decision Date: 13 August 1910
• Citation: 135 Ga. 72,68 S.E. 804
• Parties: CENTRAL OF GEORGIA RY. CO. v. COLE.
• Court: Georgia Supreme Court

68 S.E. 804

135 Ga. 72

CENTRAL OF GEORGIA RY. CO.

v.COLE.

Supreme Court of Georgia.

Aug. 13, 1910.

(Syllabus by the Court.)

1. Trial (§ 194^*)—Instructions—Questions for Jury.

The requests to charge, in effect, instructed the jury that certain acts and conduct on the part of the plaintiff would constitute negligence and prevent a recovery by him, and were therefore properly refused.

[Ed. Note.—For other cases, see Trial, Cent. Dig. §§ 438, 450; Dec. Dig. § 194;* Negligence, Cent. Dig. §§ 356-360.]

2. Trial (§ 295*)—Instructions—Construction as a Whole.

Although a particular portion of the charge of the court excepted to, when considered by itself, may not have stated the rule of relative or contributory negligence with clearness and precision, yet as the general charge correctly instructed the jury on this subject, and the part to which exception was taken, when considered in connection with the whole, was not calculated to mislead the jury or to injure the excepting party, no cause for a new trial existed in consequence of the instruction alleged to be erroneous.

[Ed. Note.—For other cases, see Trial, Cent. Dig. §§ 703-717; Dee. Dig. § 295.*]

3. Review on Appeal.

The verdict was supported by the evidence, and there was no error in refusing to grant a new trial.

Error from Superior Court, Monroe County; E. J. Reagan, Judge.

Action by W. F. Cole against the Central of Georgia Railway Company. Judgment for plaintiff, and defendant brings error. Affirmed.

Hall & Cleveland, J. E. Hall, and Cobaniss & Willingham, for plaintiff in error.

Persons & Persons, for defendant in error.

FISH, C. J. Judgment affirmed.

BECK, J., absent. The other Justices concur.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes