14 Ga. App. 136 | Ga. Ct. App. | 1914
Martin brought suit against Gibbons, alleging an
The plaintiff excepts also to the following portion of the charge: “If he [the defendant] had an equal opportunity with the plaintiff of knowing what he was buying, why then it would be his duty to examine and see what he was buying. If he did not (and I leave that entirely with you under the testimony), if he did not have an equal opportunity with the plaintiff of knowing what he was buying, and did not get the things he said he was buying, then you would be authorized, other things being equal under the evidence, to find for the defendant.” This portion of the charge, construed most strongly against the plaintiff, especially in view of the remainder of the charge which follows immediately thereafter, and which is as follows: “But if he knew what he was buying or had an equal opportunity to examine it and find out what he was buying and did not do so, .then I charge you that you would be authorized, under the evidence, to find for the. plaintiff,” could in no way prejudice the plaintiff’s cause, and therefore affords no cause for a new trial.
Judgment affirmed.