Southern Railway Co. v. Garland

This is the second appearance of this case here. Southern Railway Co. v. Garland, 75 Ga. App. 98 (41 S. E. 2d, 925). By reference to the opinion when the case was here before, it will be seen that this court reversed the court below for a failure to charge an issue made both by the pleadings and the evidence, in that the court failed to charge that, if the negligence of the driver of the automobile was the sole proximate cause of the injury, the plaintiff could not recover. The pleadings are now as they were then. The evidence is practically the same except perhaps that of the plaintiff as to…