Price v. Central of Georgia Railway Co.

ON MOTION EOR REHEARING.

Fish, C. J.

1. A motion for a rehearing is made upon the ground, amongst others, that the former decision in this case, reported in 121 Ga. 651-659, had been misapprehended. After stating the general theory of the plaintiff’s case, the court said, at page 655: “If this represents the real truth of the matter, then it was for the jury to say whether or not the plaintiff, on this occasion, acted with due caution and circumspection.” It will be observed that an important element stated in the summary of facts presenting the plaintiff’s theory was that the plaintiff “did…