129 Ga. 665 | Ga. | 1907
Mrs. Nannie Jordan brought an action for damages against the Southern Railway Company, alleging, in substance, that while a passenger on one of defendant’s trains she was unnecessarily required by the conductor thereof to leave a coach where
Error was assigned upon the following charge: “The jury are to take all the proven facts and circumstances and assess the damages and do right between the parties.” The exception to this instruction was, that it was an expression of opinion by the court that such facts and circumstances had been proved as authorized the plaintiff to recover. This extract from the charge, considered by itself, seems open to the criticism made thereon; but when taken in connection with what immediately preceded and what immediately followed it, as shown by the entire charge -sent up with the record, it is doubtful if it is open to the objection made. However, as a new trial will be granted for the erroneous charge noted
Some of the grounds of the motion for a new trial are not referred to in the brief of counsel for plaintiff in error, and some of the questions made by the motion are not likely to arise upon another trial. For these reasons such grounds are not dealt with.
Judgment reversed.