LEDBETTER BROS., INC. v. Holmes

Bell, Chief Judge.

The court read to the jury the portion of plaintiff wife’s complaint containing the specific allegations of negligence charged against the defendant. The trial court made it clear to the jury that the allegations were merely the contention of the plaintiffs, were not evidence, and that it was the jury’s duty to determine whether the allegations constitute negligence under the facts and circumstances of the case. It is not improper in a charge to the jury to state the contentions made by the allegations in the complaint, even though some of the contentions be unsupported by…