17 S.E.2d 207 | Ga. Ct. App. | 1941
1. Under the answers by the Supreme Court to certified questions in this case, the court erred: (1) In charging the jury as shown in the opinion; and (2) In refusing to give in charge to the jury the requested instruction. *116
2. There is no merit in the other assignment of error insisted on, the first special ground of the motion for new trial having been abandoned.
3. The court erred in overruling the motion for new trial
1. Under the answers to certified questions by this court to the Supreme Court (Happy Valley Farms Inc. v. Wilson,
2. Under the answers of the Supreme Court to the certified questions it was also error to refuse to give in charge the following written request: "I charge you that if you find that the plaintiff, Edwin W. Wilson, was equally negligent with the defendant, if they were negligent, then I charge you that Edwin W. Wilson can not recover, and as to him you should return a verdict in favor of the defendant."
3. There is no merit in any of the other assignments of error insisted upon, the first special ground of the motion for new trial having been abandoned.
The court erred in overruling the motion for new trial.
Judgment reversed. Stephens, P. J., and Sutton, J., concur.