Southern Express Co. v. Hughes

1.- Under the facts developed in this ease, the principles of law (1) that if both_ the plaintiff and the defendant were free from fault, the injury will be attributed to accident, and no recovery can be had, and (2) that it was incumbont upon the plaintiff to exercise ordinary care and diligence in using the streets, and (3) that if both parties were at .fault, the damages should be apportioned, were entirely germane, and the judge erred' in refusing to give in charge the requested instructions embodying these legal doctrines, which were couched in appropriate form and language, and were not…