Milam v. Mandeville Mills

(After stating the foregoing facts.) Under the facts narrated above, the verdict in favor of the defendant was authorized, and it can not be set aside on the general grounds.

The first ground of special exception complains, with reference to the charge of the court, that admissions in the pleadings “may be taken as proof,” whereas, as the plaintiff contends, the rule is that a party is absolutely bound by unstricken admissions of fact thus made, and consequently it was not a question for the jury to 'determine, by any méthod or by any sort of proof, whether or not the defendant company had…