Central of Georgia Railway Co. v. Shepard

This was a suit for damages on account of an *644injury occurring in the daytime at a railroad crossing.. The verdict was for the defendant, and a new trial was granted under a general order, but apparently because of certain erroneous instructions by the court to the jury. Exception is taken to the first grant of a new trial, upon the ground that, irrespective of any erroneous instruction, a verdict in favor of the defendant was demanded under the evidence.

The evidence of the plaintiff shows that he was a passenger in a Ford automobile, having no control over its movements; that the train…