121 Ga. 781 | Ga. | 1905
to make them sound, and the assignment of error is subject to the criticism that complaint is made of a correct instruction because some other sound proposition wás not given in the same connection. See Atlantic Coast Line R. Co. v. Williams, 120 Ga. 1042. It was further complained that the judge erred in stating, the contentions of the parties; this assignment of error being an effort to raise the same question as was sought to be raised by that which has just been considered. The judge in a general way stated the contentions of both parties; and if a more elaborate-statement of the contentions had been desired, an appropriate written request should have been made in due time. The charge was not as full as it might have been, but it contained the general principles of law applicable to the case, and if amplification had been desired, appropriate requests should have been made. See, in this connection, Smith v. Mfg. Co., 112 Ga. 680 (2).
The evidence was conflicting, but there was evidence from which the jury could find that the presumption against the company had not been rebutted; and the discretion of the trial judge in refusing to grant a new trial will not be interfered with.
Judgment affirmed.