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W. & A. RAILROAD v. MANSFIELD

37352.

98 Ga. App. 421 (1958)

105 S.E.2d 804

WESTERN & ATLANTIC RAILROAD v. MANSFIELD.

Court of Appeals of Georgia.

Decided October 21, 1958.

Attorney(s) appearing for the Case

John Sammons Bell, Neel & Ault, E. S. Ault, for plaintiff in error.

Wm. A. Ingram, contra.

QUILLIAN, Judge.

1. Special ground 3 assigns as error the following charge: "Gentlemen, I charge you that in the preceding charge which I gave you where the allegation of the petition, in reading the allegation of the petition which alleged that it failed to blow its whistle and in the charge that I gave you in connection therewith, I charge you that it would be your duty to find that the railroad was negligent, if you find that it failed to blow its whistle or horn...

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