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Atkinson, -J. The negligence claimed was based upon the existence of a “low place” in the track. Whether there was such a place was in issue-both in the pleadings and the evidence. It was therefore error fortlie judge in his charge to assume that there was such a “low place.”
Judgment reversed.
All the Justices concur, except Fish, O. J., absent.
Document Info
Citation Numbers: 126 Ga. 333
Judges: Atkinson
Filed Date: 8/17/1906
Precedential Status: Precedential
Modified Date: 1/12/2023