BAXTER v. STATE HIGHWAY DEPARTMENT

40172.

108 Ga. App. 324 (1963)

132 S.E.2d 863

BAXTER et al. v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided September 18, 1963.


Attorney(s) appearing for the Case

John E. Wiggins, Pittman & Kinney, R. Carter Pittman, for plaintiffs in error.

Joe B. Tucker, Eugene Cook, Attorney General, Carter Goode, Richard L. Chambers, Assistant Attorneys General, contra.


FRANKUM, Judge.

The jury should not be left to decide between conflicting propositions contained in the court's charge, and where in instructing the jury the judge gives them an incorrect instruction it is not sufficient that he thereafter, without expressly withdrawing the incorrect charge, merely charges them correctly on the same proposition. Savannah Elec. Co. v. McClelland, 128 Ga. 87 (2) (57 SE 91); Citizens &c. Nat. Bank v. Kontz, 185 Ga....

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