Southern Express Co. v. Wood

Simmons, Chief Justice.

The law of this case, as announced in the first head-note, was laid down by this court in the case of Southern Express Company v. Everett, 37 Ga. 688, and is so fully discussed in the opinion of Chief Justice Warner in that case, that we deem it unnecessary to enter into any further discussion of it,here. See also the opinion of McCay, J., when that case was again before this court (46 Ga. 306). In the present ease the trial judge, in his charge to the jury, seems to have followed these decisions; but we think he erred in not setting aside the verdict as not sustained…