Seaboard Coast Line Railroad v. Thomas

Nichols, Justice.

In Atlantic C. L. R. Co. v. McDonald, 103 Ga. App. 328, 331 (119 SE2d 356), a decision in which the whole court (seven judges at that time) participated, it was held that the failure to give a charge without request similar to the one here requested was not error and that "It would not have been proper for the trial judge to have charged without qualification that a duty devolved upon the plaintiff of exercising ordinary care. Plaspohl v. Atlantic Coast Line R. Co., 87 Ga. App. 506, 508 (2) (74 SE2d 491).” While dissents were filed upon other grounds, the decision of the…