Supreme Court of Georgia, 1906

Atlantic & Birmingham Railway Co. v. Hattaway

Atlantic & Birmingham Railway Co. v. Hattaway
Supreme Court of Georgia · Decided August 17, 1906 · Atkinson
126 Ga. 333; 55 S.E. 21; 1906 Ga. LEXIS 379

Atlantic & Birmingham Railway Co. v. Hattaway

Opinion of the Court

Atkinson, -J.

The negligence claimed was based upon the existence of a “low place” in the track. Whether there was such a place was in issue-both in the pleadings and the evidence. It was therefore error fortlie judge in his charge to assume that there was such a “low place.”

Judgment reversed.

All the Justices concur, except Fish, O. J., absent.

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