Southern Bell Telephone & Telegraph Co. v. Bailey

Special ground 1 of the amended motion for a new trial complains of error in the charge as follows: “Gentlemen, if you find the defendant used such degree of caution and care at the time of the transaction in question that an ordinarily prudent person would have used under the-same or similar circumstances, you would be authorized to find a verdict for the defendant.” As pointed out, the word “authorized” should have been “required.” However, immediately before this sentence the court charged that if the defendant “used such care as an ordinarily cautious and prudent person would use under…