Goldstein v. Karr

Bell, Presiding Judge.

Special ground 4 of plaintiff’s motion for new trial assigns error upon an excerpt from the court’s charge to the jury. The objections are based in varying phraseology on the ground that the excerpt eliminated the comparative negligence rule from the jury’s consideration. It is, however, unnecessary for us to rule upon these contentions as the following appears in the trial court’s certificate of approval of the charge: “At the conclusion of the charge, and immediately after the jury had retired, counsel for defendant and counsel for plaintiff approached the bench and…