118 Ga. 282 | Ga. | 1903
Binion sued the railroad company for damages-on account of personal injuries received while he was employed by it in the capacity of train-hand, and while he was in the discharge-of his duties coupling cars on one of its freight-trains. The company denied the allegations of negligence in the petition, and defended on the ground that the plaintiff’s injuries were due to his
• In the elaborate supplemental brief filed by the able and distinguished counsel for the plaintiff, attention is called to the fact that-in the case of Anderson v. So. R. Co., supra, and in the cases following it, the assignments of error upon the charge were made in a motion for new trial, while in the present case a direct bill of exceptions was filed and error assigned in the bill upon each portion of the charge separately. This is quite true, as it is an -almost universal custom in this State to bring up cases of this character by exceptions to the overruling of a motion for a new trial. We fail to see, however, how there can be any difference in principle between the rule as to assignments of error in a motion for a new trial and in a bill of exceptions. An exception to the effect that the court-erred in overruling a motion for a new trial on the grounds therein stated is equivalent to incorporating each ground of the motion for
We have carefully examined all the cases cited in the supplemental briefs of counsel for the plaintiff, and find nothing in any of them which conflicts with this view. Taylor v. Reese, 108 Ga. 379, holds that “if upon the trial of a criminal case, in a court whose judgments are directly reviewable by the Supreme Court, an error of law be committed the necessary effect of which is to control the verdict and thus deprive the.accused of a fair and lawful trial, he may, without moving for a new trial, sue out a bill of exceptions for the purpose of having such error corrected.” In the present ease the right of the plaintiff to bring his case to this court by direct bill of exceptions is not in question. • The vital difference between the two cases is that in the case cited specific assignments of error were made upon the charge of the court, by which it was made to appear that the charge injuriously affected the rights of the plaintiffs in error; while in the present case it is merely alleged that the court erred in giving certain charges which appear upon their face to be sound statements of the law, and no attempt is made to show wherein they worked harm to the complaining party. The case of Warren v. Oliver, 111 Ga. 808, holds that where a bill of exceptions, without in any manner attempting to specify wherein the alleged error consisted, merely states, in general terms, that the court erred in dismissing an appeal, and neither
The foregoing disposes of every question; made in the bill of exceptions. We find no error in the rulings of the trial court, and will therefore not disturb its judgment. *
Judgment affirmed.