Gilbert v. Ocmulgee Electric Membership Corp.

Townsend, Judge.

The court charged that if, at the time of the death of Billy Ray Mullis, the defendant did not know that a pipe had been placed in the well and a pump installed which was operated by the defendant’s line, the plaintiff would not be entitled to recover. Counsel for both sides agree that under the evidence in the case this was tantamount to directing a verdict for the defendant, since the undisputed evidence is to the effect that the defendant had no knowledge of the electric pump and pipe placed in the well. The decision when this case was here before based the plaintiff’s…