Legal Opinion · Concurrence

Alabama Great Southern Railway Co. v. Hamby

Court of Appeals of Georgia

Decided July 16, 1937No. 26153, 26154Published

1ConcurrenceStephens, P. J.

I do not concur in the ruling announced in division 1. I concur in the judgment of reversal solely on the ruling announced in division 2. I do not construe the charge referred to in division 1 as an expression of *218an opinion by the court that Mrs. Hamby’s injuries were caused by an act of the defendant. This charge is no more than an instruction to the jury as to the law applicable to the supposed fact that Mrs. Hamby was injured as'a result of an act of the defendant. “To declare the law applicable to a given state of facts is no expression or intimation of opinion as to whether any of the…

2Cases cited7 opinions

  1. Kemp v. Central of Georgia Railway Co.Supreme Court of Georgia · 1905
  2. Yarborough v. StateSupreme Court of Georgia · 1890
  3. Central of Georgia Railway Co. v. WeathersSupreme Court of Georgia · 1904
  4. Slaton v. Southern Railway Co.Court of Appeals of Georgia · 1932
  5. Densley v. StateCourt of Appeals of Georgia · 1919

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