McCluskey v. American Oil Co.

I am of the opinion that the certiorari in this case should be dismissed upon the principles announced in Central of Ga. R. Co. v. Yesbik, 146 Ga. 620 (91 SE 873), and reasserted in L. & N. R. Co. v. Tomlin, 161 Ga. 749, 759 (1) (132 SE 90) and Hicks v. L. & N. R. Co., 182 Ga. 595, 602 (186 SE 662) and the numerous other cases following them. The question decided by this court to my mind is merely a question of fact, that is: whether or not under the *66facts of the case appearing in the record the argument of counsel was in fact improper and whether the action taken by the court was sufficient…