78 Ga. 733 | Ga. | 1887
Fleming was a detective in the police service of the city of Augusta. This defendant, with other companies, had effected insurance upon the house of a person by the name of Goss. That house was burned. They believed, or affected to believe, that it was consumed for the purpose of getting the insurance, and they resisted the payment of the loss upon that ground. Fleming, who, according to the terms of his employment by the city of Augusta, could take no reward for such service, was employed to work up this case. He did work it up to a certain point; and he then left the city of Augusta and removed to Savannah, where he changed his business, ceasing to act as a policeman or detective. At this point, another detective, named Bagby, from Atlanta, took charge of the case. While the investigation of this alleged arson was pending before the grand jury, Mr. Fleming came from his home in Savannah to Augusta, and after having attended to the matter that called him there, he started to return. Mr. Carroll, who had been the counsel for this company, informed Bagby that he wanted Mr. Fleming before the
Again, certain charges were asked of the court, which he refused to give, and which, we think, ought to have been given. (It is fair to the judge to say that the general charge does not appear in this record, so we cannot tell whether the requests were covered by the charge or not.)
This disposes of all the special exceptions made to the ruling and charge of the court which we think it necessary to notice; and for these reasons, we think there ought to be another hearing of this case.
Judgment reversed.