47 Ga. 24 | Ga. | 1872
As to all this evidence, which is mentioned in our first and second head-notes, whilst we hold it competent, we express no
We think there ought to be a new trial. The charge of the Court and his rulings at the trial were such as to prevent a fair consideration of the plaintiff’s case. We should not grant a new trial on the evidence alone; but the excluded evidence and the charge of the Judge may have affected the verdict, and we think a new trial ought to be had.
Judgment reversed.