17 Ga. App. 624 | Ga. Ct. App. | 1916
1. There was some evidence to support one of the allegations of negligence in the plaintiff’s petition, to the effect that the defendant, knowing that the deceased had fallen into the river and was under the boat, held the boat stationary over the point where he had fallen until after he was drowned, making no effort to render hiin assistance or to save his life. Consequently, it was error to charge the jury that “There can, in no event, be a recovery against the defendant if the plaintiff, or any one in whose right the plaintiff sues, caused the injury by his own negligence, or consented to it, or if, by the exorcise of ordinary care and diligence, he could have avoided the consequences of the defendant’s negligence, if the defendant was negligent,” without also instructing the jury, somewhere in the charge, that
2. The reading or recital of the contentions of the parties from the pleadings is not equivalent to correct instructions which distinctly apply to the proved facts the legal principles pertinent to the issues. “It is one thing to state what a party contends, and another and very different thing to state the law applicable to such contentions.” Atlanta Ry. Co. v. Gardner, 122 Ga. 82, 93 (49 S. E. 818).
Judgment reversed.