Cornett v. McWaters

Gardner, Presiding Judge.

The general grounds have been abandoned so we see no reason to set out the evidence. Special grounds numbered 4, 5, 6, 7, and 10 are specially abandoned. We prefer the numbering system on special grounds to be designated as “special ground 1, 2, 3, 4 and 7” (corresponding with the numbers used by counsel in specifying the abandoned grounds).

1. We will pass on special ground 5 (numbered 8 by counsel), first. Counsel contends that the count erred in charging the jury as follows: “The defendant cannot be liable unless he owed to the person injured a duty which he…