Shiflett v. Anchor Rome Mills Inc.

(After stating the foregoing facts.) The 1st special ground of the amended motion for new trial contends that the trial court erred in entering a judgment in favor of the plaintiff, because there was an issue of fact which should have been submitted to the jury.

The record discloses that the case was tried by the judge without the intervention of a jury, by agreement between the parties. Trial by jury is a privilege which may be waived, in which case the judge passes on all questions of both law and fact. See Flint River Steamboat Co. v. Foster, 5 Ga. 194, supra. This ground is without merit.

Th…