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SOUTHERN RAILWAY COMPANY v. CABE

40345.

109 Ga. App. 432 (1964)

136 S.E.2d 438

SOUTHERN RAILWAY COMPANY v. CABE.

Court of Appeals of Georgia.

Rehearing Denied March 19 And March 31, 1964.

Attorney(s) appearing for the Case

Greene, Neely, Buckley & DeRieux, Ferdinand Buckley, J. Douglas Stewart, for plaintiff in error.

Hewlett & Ward, Sam D. Hewlett, Jr., Florence H. Dendy, contra.

BELL, Presiding Judge.

1. We initially consider special ground 2 of the defendant's motion for new trial since it discloses such palpable error as to necessitate a reversal of the trial court's judgment in denying the defendant a new trial.

This ground objects to the ruling by the trial court which precluded the defendant from arguing to the jury the question of the plaintiff's contributory negligence. By this...

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