Southern Cotton Oil Co. v. Thomas

The complaint contained in the first special ground of the motion for a new trial, if that ground be considered without reference to the charge as a whole, is not well founded, although the judge referred to one or two matters which were not specifically referred to in the evidence. It is a well-settled rule that the instructions of a court are improper if inapplicable to the evidence. If possible, the instructions of a trial judge should fit the evidence as snugly as a skilful tailor could make a suit of clothes to fit the human body. Counsel for plaintiff in error insists that it does not…