Richter v. Atlantic Company

The writer feels impelled to dissent from the majority opinion in regard to the errors assigned in grounds 6, 11, and 13 of the amended motion for new trial.

1. Ground 6 complains that the judge erred in charging Code, § 12-106, as follows: “In order for a bailee to avail himself of the act of God or exception under the contract as a defense, he must establish not only that the act of God or excepted fact ultimately occasioned the loss, but that his own negligence did not contribute thereto.” The majority opinion sustains the defendant’s contentions that this charge was not reversible error;…