Wood v. Keen

Hawkins, Justice.

1. When the plaintiff’s right to recover depends upon the establishment of a particular fact, and the only proof offered for this purpose is circumstantial evidence, he is not entitled to recover when by the positive and uncontradicted testimony of unimpeached witnesses, which is perfectly consistent with the circumstantial evidence relied on by him, it is affirmatively shown that no such fact existed. Taggart v. Savannah Gas Co., 179 Ga. 181 (1) (175 S. E. 491).

2. In this case, C. D. Wood, as the surviving husband and heir at law of Mrs. Jennie Wood, deceased, sought to set…