Gainesville Midland Railroad Co. v. Allen

Since the case is reversed on the charge of the court, we will not comment on the general grounds other than to say that the evidence presents questions of fact for the jury.

Special grounds 4 and 5 assign error on excerpts from the charge of the court. These excerpts are almost verbatim from Code sections 94-701 and 94-702. It is contended that these sections were not applicable to the facts of this case without further explanation; and that construing the principles given in connection with the entire charge, the alleged vice still adheres. As to these contentions, we differ with counsel. In…