Acme Fast Freight Inc. v. Southern Railway Co.

Upon the first appearance of this case in this court (65 Ga. App. 647, 16 S. E. 2d, 62), we held that the Southern Railway Company was liable to Acme as a matter of law in the amount of the previous recovery by Saul against Acme, because that suit (where the Southern was vouched into court by Acme) adjudicated against the Southern not only the question of Acme’s liability to Saul and the amount thereof but the additional question of the Southern’s liability to Acme. Upon certiorari, the Supreme Court held that the ruling was erroneous, and reversed the judg meat of this court, “without any…