Atlantic & Birmingham Railway Co. v. Hattaway

Atkinson, -J. The negligence claimed was based upon the existence of a “low place” in the track. Whether there was such a place was in issue-both in the pleadings and the evidence. It was therefore error fortlie judge in his charge to assume that there was such a “low place.” Judgment reversed. All the Justices concur, except Fish, O. J., absent.