Mixon v. Atlantic Coast Line Railroad

GODBOLD, Circuit Judge:

Appellant’s application for rehearing puts in question our holding that defendant ACL was entitled to grant of its motion for a new trial because of an erroneous charge on last clear chance.

Our opinion in this case rested on Southland Butane Gas Co. v. Blackwell, 211 Ga. 665, 88 S.E.2d 6 (1955). The facts there were these:

“As we construe the evidence, a finding was demanded that the deceased was lying drunk in the road, without physical capacity to move himself, in the nighttime, at a point just over the crest of a slight hill, where the lights of an automobile…