Kelly v. Locke

ON MOTION EOR. REHEARING.

MacIntyre, J.

The plaintiff in her motion for rehearing, among other things, in effect contends that it is obviously unfair for this court to hold that it was not reversible error for the judge to fail to charge on an issue raised by the plaintiff’s evidence but not distinctly raised by her pleading, where there was no request so to do, and at the same time to hold that it was not reversible error where the court charged on a pertinent issue *87raised by the evidence of the defendants and not specifically pleaded in her answer. In a case like this one, where the…