Georgia Southern & Florida Railway Co. v. Zarks

1. A request to charge, though based on a theory which might constitute a good defense to the action, was properly refused when it appeared not only that no such defense was set up, but that the defense actually relied upon was totally different.

2. Evidence is not merely cumulative, though it may have some bearing upon the main issue in controversy, if it relates to new, distinct, and material facts about which no witness testified at the trial. See Dale v. State, 88 Ga. 552. The newly discovered evidence in the present case, it being in any view a close and doubtful one, was not, under the…