Rome Railway & Light Co. v. Thomas

1. In a suit against a railroad company, a plea which admits that the plaintiff was .injured by the running of the cars? but denies negligence and asserts ordinary diligence upon its part, and alleges that the negligence of the plaintiff caused the injury, is not such a plea of justification as will entitle the defendant to the opening and conclusion in the case. See Georgia Railroad v. Williams, 74. Ga. 723 (2); Brunswick &c. R. Co. v. Wiggins, 113 Ga. 842-8 (39 S. E. 551, 61 L. R. A. 513). It was not error in this ease to deny to the defendant the right to open and conclude the argument.

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