Doster v. Central of Georgia Railroad

While I must reluctantly concur in the judgment of the majority, I write separately to point out that my concurrence in Division 2 of the majority opinion is in judgment only, rather than an agreement with the rationale expressed therein. Under my reading of the procedural realities of this case, the merits of plaintiff’s enumeration of error regarding the charge on comparative negligence are not reached in this case only because during the charge conference plaintiff’s counsel expressly agreed that it be given. In fact, the charge now complained of began as a request to charge offered by one…