Georgia Railway & Electric Co. v. Wheeler

1. Several of the assignments of error are controlled by the decision in Mason v. Nashville &c. Ry. Co., 135 Ga. 741 (4), 744 (70 S. E. 225, 33 L. R. A. (N. S.) 280).

2. Where the evidence is conflicting as to whether a particular thing did or did not occur, and the trial judge instructs the jury that the existence of a fact testified to by one positive witness is rather to be believed than that such fact did not exist because many witnesses who had the same opportunity of observation swear that they did not see or know of it having transpired, he should also give instructions to the effect…