Georgia Railroad & Banking Co. v. Radford

1. On the trial of a suit brought against a railroad company, to recover damages for personal injuries alleged to have been received as a passenger while traveling as such upon a train of the railroad company, where the answer of the defendant did not admit that the plaintiff was a passenger on its road, although the plaintiff and his wife so testified, it was error to charge the jury: “On the other hand, the defendants in this case, the railroad companies, I believe, admit that he was a passenger;” and to again charge the jury: “If you find the plaintiff was a passenger on defendant’s train,…