Southern Railway Co. v. Wilcox

ON MOTION TOR REHEARING.

MacIntyre, J.

In addition to what has been said in division 4 of the opinion relative to special ground 4, which relates to a request to charge on the duty of the plaintiff to use his sense of sight and hearing, it should be noted that the judge, in one part of his charge, said: “He must prove the case as he alleges it, and he must show the negligence alleged, and not any other negligence. Now I think I have covered this, but maybe I didn’t. Even though you may find that the defendant was negligent, still, if the plaintiff, in the use of ordinary care, by the use of his…