Western & Atlantic Railroad v. Leslie

In the view we take of this case, the Supreme Court has no jurisdiction of it, and the Court of Appeals has jurisdiction. In neither the overruling of the demurrer to the petition, nor in any ground of the motion for new trial complaining of the charge of the court and of failure to charge, is any question raised that would give jurisdiction to the Supreme Court, unless the exception to the charge as set out in ground 1 of the amendment to the motion for new trial gives it jurisdiction. In that ground error was assigned upon the following instruction' to the jury: “I charge you that if the…