Lassetter v. King

GARDNER, Chief Justice.

The Court of Appeals has rested its affirmance of the judgment in this cause upon action of the court in giving charge number 15, which is set out in the opinion of that court. That is the only question determined, by the Court of Appeals and the only question here presented for our consideration.

Counsel for appellant insists the charge was merely misleading and that the action of the court in giving the charge did not justify a reversal, and hence would not justify the trial court in granting plaintiff’s motion for a new trial. It is to be observed that this charge…