74 Ga. 107 | Ga. | 1884
This was a suit against the county of Macon to recover damages for killing plaintiff’s mule by reason of defects in a public bridge which the county should have kept in repair and in a safe condition to be traveled over. On the trial, and, as we infer from the record, at the proper stage, of the trial, defendant’s counsel requested the court orally to charge the jury, “ If the plaintiff, by the exercise of or dinary care and diligence, could have avoided the injury to the mule, then he could not recover.” This charge was declined, because the request to make it was not in writing, as the judge states in certifying the grounds of the motion for a new trial. It appears from the entire charge, which is sent up, that the jury were instructed that if they should find that the county failed to take from the contractor to «build the bridge a bond to keep it in repáir, as required by the statute, then the plaintiff, without more, was entitled to recover.
Judgment reversed.