113 Ga. 355 | Ga. | 1901
The plaintiff sued the railway company for damages alleged to have been sustained by her on account of the homicide of her husband by the railroad company. The trial resulted in a verdict in favor of the plaintiff; and the defendant’s motion for a new trial having been overruled, it excepted.
We think those errors in the charge of the court which are above pointed out are of such a character as to have required the trial judge to grant a new trial. They were certainly of such a nature as to prejudice the defense of the company. Other complaints with reference to the charge were made, but we do not consider it necessary to deal with them, as any other errors which may have been committed will probably be corrected upon another hearing.
Judgment reversed.