Central of Georgia Ry. Co. v. Ray

• Decision Date: 10 August 1909
• Citation: 65 S.E. 281,133 Ga. 126
• Parties: CENTRAL OF GEORGIA RY. CO. v. RAY.
• Court: Georgia Supreme Court

65 S.E. 281

133 Ga. 126

CENTRAL OF GEORGIA RY. CO. v. RAY.

Supreme Court of Georgia

August 10, 1909

Syllabus by the Court.

As a general rule, when the court in its charge to the jury has committed error in some portion thereof, the withdrawal of the erroneous part and, after calling the jury's attention thereto and stating to them distinctly and unequivocally that such portion of the charge is withdrawn, giving them the correct rule upon the issue covered by the erroneous charge, cures the error.

While some of the charges, besides those withdrawn by the court, of which complaint was made, may not have been in all respects accurate or aptly expressed, yet, when viewed in the light of the evidence and the entire charge, the excerpts of which complaint was made were not such as to require a new trial for any of the reasons assigned therein.

Such of the requests to charge as were not open to the criticism that they were not correct statements of the rules of law applicable to the case made by the pleadings and evidence, or that they were argumentative in form, were sufficiently covered by the charges of the court as given.

Error from Superior Court, Bibb County; W. H. Felton, Judge.

Action by E. C. Ray against the Central of Georgia Railway Company. Judgment for plaintiff, and defendant brings error. Affirmed.

Wimberly & Jordan, for plaintiff in error.

John R. Cooper, Jos. H. Hall, and Warren Roberts, for defendant in error.

BECK, J.

Judgment affirmed. All the Justices concur.