Atlantic & Birmingham Railway Co. v. Hattaway
Atlantic & Birmingham Railway Co. v. Hattaway
126 Ga. 333; 55 S.E. 21; 1906 Ga. LEXIS 379
Atlantic & Birmingham Railway Co. v. Hattaway
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.