Travelers Insurance v. Anderson

The provisions of the Code of 1933, § 38-107, as to matters to be considered by the jury in determining where the preponderance of the evidence lies in a civil case, not *2relating to a “substantial, vital, and controlling issue presented by the pleadings and evidence” (Rome Ry. &c. Co. v. King, 33 Ga. App. 383, 126 S. E. 294) in any case, but relating only to a matter merely incidental and collateral to the main issues (Smith v. Page, 72 Ga. 539), are not such as that a failure of the court to charge concerning it, in the absence of a timely written request, will require the grant of a new…