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Atlantic and Birmingham Railway Company v. Hattaway

Supreme Court of Georgia1906-08-17
126 Ga. 333

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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.