6 Ga. App. 499 | Ga. Ct. App. | 1909
Hampton sued the steamboat company for the value of certain lumber, which he claimed had been lost through a failure of the steamboat company to transport and deliver the
If the jury believed the plaintiff’s evidence, a recovery was authorized. The defendant submitted several requests in writing, in which it sought to have submitted to the jury the proposition that there could be no recovery against the defendant, unless the lumber had been delivered and accepted by it for transportation or had been tendered for transportation. These requests embodied a sound proposition of law, but the refusal of the judge to give them in charge is not error, inasmuch as the proposition insisted upon by the defendant was clearly given in charge by the judge in his general instructions to the jury. Indeed, the proposition as stated by the judge to the jury was even more favorable to the defendant than as stated in the requests. The judge charged the jury: “You look to the evidence in this case,„gentlemen, and find whether or not there was any contract with this company to haul these goods, and whether or not there was a delivery and acceptance of them at the place designated. If you find that