Western & Atlantic Railroad v. Dalton

Gardner, Presiding Judge.

1. It is undisputed that there was a question of fact involved for the determination of the jury. The defendant contends in special ground 1 that the court erred in charging as follows: “I charge you that the negligence of the train crew in the actual killing of the calf under the evidence in this case would not be considered by you, because under the rules of law, the court is not letting that part of it go to the jury. The court is holding that the train crew itself was not negligent in the operation of the train at the actual time that the bull calf was killed, and…