Drum v. Shirey

Nichols, Presiding Judge.

Special ground 1 of the amended motion for new trial complains of an excerpt from the court’s charge wherein the court was instructing the jury as to the plaintiff’s contentions, and special ground 2 assigns error on the failure of the trial court to charge, without request, on the defendant’s contentions.

An examination of the charge as a whole shows that the trial court fairly instructed the jury as to the law applicable to the issues in the case. The defendant’s answer, while alleging that the death of the plaintiff’s son was caused by his suddenly darting into the…