87 Ga. 541 | Ga. | 1891
In the ornithology of litigation this case is a tomtit, furnished with a garb of feathers ample enough for a turkey. Measured by the verdict, its tiny body has only the bulk of twenty-five dollars, but it struts with a display of record expanded into eighty-three pages of manuscript. It seems to us that a more contracted plumage might serve for so small a bird, but perhaps we are mistaken. In every forensic season, we have a considerable flock of such cases, to be stripped and dissected for the cabinets of jurisprudence. We endeavor to pick our overfledged poultry with judicial assiduity and patience.
The observations we have made dispose of objections to the charge of the court. One of the grounds of the motion complains of. a refusal to charge as requested, but the request was not presented in writing, and the language of it was not so perspicuous as to make clear to the mind at once that it lays down sound law. Indeed, after reading its terms over and over, we are not quite certain that the request is sound as it stands in the record. We rather think it should have been qualified by some reference to the way, if any, actually used under the contract before any dispute about the means of ingress and egress arose. But what we decide is, that-the accuracy of the request is not so apparent as to make it error to decline giving it in charge on the report of the ear alone, with no aid from the eye. We might add that we deem the matter to which the request relates rather too inconsiderable to warrant the grant of anew trial on account of it alone. To reopen this fierce but petty litigation because of a slight error, would not be wholesome practice. This is the second of the spring and fish-pond cases. The first is reported in 81 Ga. 633.