Western & Atlantic Railroad v. Mansfield

Quillian, Judge.

1. Special ground 3 assigns as error the following charge: “Gentlemen,T charge you that in the preceding charge which I gave you where the allegation of the petition, in reading the allegation of the petition which alleged that it failed to blow its whistle and in the charge that I gave you in connection therewith, I charge you that it would be your duty to find that the railroad was negligent, if you find .that it failed to blow its whistle or horn as alleged, and I charge you that would be a matter for you to determine as to whether or not it did, in fact, blow its whistle.”

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