Georgia Railway & Power Co. v. Pounds

Luké, J.

1. Where section 5751 of the Civil Code (1910) is applicable (as in this case, by agreement between both parties, plaintiff and defendant), it is reversible error for the court to charge the jury, as follows: “The existence of a fact testified to by one positive witness is *202to be believed rather than [that] such fact did not exist because many witnesses who had the same opportunity of observation swear that they did. not see or know of its having transpired. But this rule does not apply when, parties having equal facilities for seeing or hearing a thing, one swears that it occurred and…