Western & Atlantic Railroad v. Swigert

1. As this case is to be tried again, the question as to whether the court erred in not stopping the case and granting a continuance, where a defendant’s witness, on whom a subpoena was not shown to have been served personally, was not present when the trial began, but who was sent for by the court but . who was not physically able to attend, will not be passed upon as the question will not likely arise again.

3. It was error for the court to fail to charge the jury that the deceased driver of the automobile, for whose death this action was brought, would be guilty of negligence per se if he…