Scott v. Valdosta, Moultrie & Western Railroad

1. A trial judge may, in liis discretion (and at his peril)', state, in his charge to the jury, that a certain fact which is admitted or wholly undisputed has been proved, but he is not required, even though so requested, to state to the jury that an issuable fact is true or has been sufficiently proved, even though it be undisputed in the evidence. The better practice is to allow the jury to determine the question whether any issuable fact proved by either party is uncontradicted or undisputed.,(a) In stating the contentions of the parties the trial judge used the following language: “It…