Bloomberg-Michael Furniture Co. v. Urquhart

(After stating the foregoing facts.)

1. One of the grounds of the motion for a new trial was that the court erred in instructing the jury that the defendant was charged with the exercise of ordinary care, the contention being that the defendant, by his own testimony, was a common carrier under the laws of Georgia and therefore bound to use extraordinary care. The court did not err in giving the charge complained of. In the first place, the petition failed to allege that the defendant was a common carrier, but proceeded upon the theory that he was a private carrier only, and, under section 2711…