Atlantic & Birmingham Railway Co. v. Hattaway

Supreme Court of Georgia August 17, 1906

Atlantic & Birmingham Railway Co. v. Hattaway, 126 Ga. 333 (Ga. 1906)

55 S.E. 21; 1906 Ga. LEXIS 379

Atkinson

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.

Reference

Full Case Name: Atlantic and Birmingham Railway Company v. Hattaway
Cited By: 1 case
Status: Published