Southern Railway Company v. Cabe

Bell, Presiding Judge.

We initially consider special ground 2 of the defendant’s motion for new trial since it discloses such palpable error as to necessitate a reversal of the trial court’s judgment in denying the defendant a new trial.

This ground objects to the ruling by the trial court which precluded the defendant from arguing to the jury the question of the plaintiff’s contributory negligence. By this argument the defendant undoubtedly had in mind to impress the jury so as to bring about a diminution in amount of damages which the jury otherwise might award the plaintiff. Under the…