Atlanta Baggage & Cab Co. v. Atlanta Taxicabs, Inc.

Nichols, Judge.

Special ground 2 of the amended motion for new trial assigns error on an excerpt from the charge wherein the court instructed the jury that the defendant could not be found negligent from any act not alleged in the petition, and that the plaintiff must establish his contentions by a preponderance of the evidence. The complaint lodged against such charge is that it allowed the plaintiff to recover only in the event it proved all the acts of negligence alleged when a recovery is authorized if any alleged act of negligence is proved.

Such charge, even if not technically correct,…