Southern Railway Co. v. Atlantic Ice & Coal Co.

1. Under repeated rulings of the Supreme Court and of this court, “a refusal to direct a verdict in either a civil or a criminal case is never error.” Nichols v. State, 35 Ga. App. 399 (3) (133 S. E. 266). See Phillips v. Anderson, 34 Ga. App. 190 (2) (128 S. E. 922), and cit. The rulings in these cases dispose of the assignment of error in the bill of exceptions based on the refusal of the court to direct a verdict.

2. The court charged the jury as follows: “One who pursues the business constantly or continuously for any period of time, or any distance, of transportation, is a common carrier…