122 Ga. 310 | Ga. | 1905
1. As has been repeatedly ruled by this court, it is not cause for a new trial that the judge, in giving in charge a pertinent and applicable principle of law, failed to charge in connection therewith some other principle equally pertinent and applicable. Accordingly, after verdict in an action for damages for the alleged 'negligent killing of the plaintiff’s horse by a street-railway company, a new trial will not be granted because the court charged that when the plaintiff showed that the horse was killed by the car of the defendant, the burden would then be shifted to the defendant to show that it exercised all reasonable care and diligence, without charging in the same connection the other defenses which would relieve the defendant from, liability.
2. It was not error, for any reason assigned, to charge that “arailway company can not use unnecessary noises to frighten horses,” and that if the jury believed that the plaintiff’s horse was frightened by an unnecessary noise made by the car of the defendant, they should “find this fact against the railway company.”
3. There was evidence to authorize a finding that the plaintiff was without fault; that the defendant was negligent in running an unusually wide car at a rapid and dangerous rate of speed on a narrow street; and that by reason of the defendant’s negligence the plaintiff’s horse, which was stationed as far away from the street-car tracks < as possible, was so startled that it threw up its head at the approach of the car in such a manner as to be struck and killed. It is for the jury to say whether or not a given act constitutes negligence. Their verdict in this case was approved by the trial judge, and, there being some evidence to support their finding, this court, •following its well-established custom, -will not interfere with the judgment overruling the motion for a new trial.
Judgment affirmed.