SOUTHERN BELL TELEPHONE &c. CO. v. BAILEY

32880.

81 Ga. App. 20 (1950)

57 S.E.2d 837

SOUTHERN BELL TELEPHONE & TELEGRAPH CO. v. BAILEY.

Court of Appeals of Georgia.

Decided February 17, 1950.


Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, E. D. Smith Jr., G. A. Huddleston, for plaintiff in error.

N. F. Culpepper, W. S. Allen, Ben R. Freeman, contra.


TOWNSEND, J.

1. Special ground 1 of the amended motion for a new trial complains of error in the charge as follows: "Gentlemen, if you find the defendant used such degree of caution and care at the time of the transaction in question that an ordinarily prudent person would have used under the same or similar circumstances, you would be authorized to find a verdict for the defendant." As pointed out, the word "authorized" should have been "required." However, immediately...

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