Atlantic & Birmingham Railway Co. v. Hattaway , 126 Ga. 333 ( 1906 )


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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