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Sanders v. Nicolson

28 S.E. 976, 101 Ga. 739, 1897 Ga. LEXIS 312
Supreme Court of Georgia·Decided July 10, 1897·Published·Cited by 27 cases

Opinion

Atkinson, J.

The propositions stated in the first two head-notes require no elaboration. The charge excepted to, as set out in the third headnote, is a clear expression of an opinion upon the weight of evidence. It determines judicially a question of fact which should have been left to the jury; and whether that fact was properly determined or not by the judge, this court, according to the provisions of section 4334 of the Civil Code, is without discretion to withhold a judgment reversing a refusal to grant a new trial upon an exception based upon this instruction to the jury.

Judgment reversed.

All the Justices concurring.

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Sanders v. Nicolson, 28 S.E. 976, 101 Ga. 739, 1897 Ga. LEXIS 312 (Ga. 1897).

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