Thomas v. Eason

On Motion for Rehearing.

Counsel for the defendant insist in their motion for rehearing that we have overlooked the decision in Brooks v. Matthews, 78 Ga. 739 (3 S. E. 627). The Brooks case has never been followed by this court. It was referred to in Augusta Southern R. Co. v. Smith & Kilby Co., 106 Ga. 864, 869 (33 S. E. 28), Walton Guano Co. v. Copelan, 112 Ga. 319, 322 (37 S. E. 411), and in Stoddard Manufacturing Co. v. Adams, 122 Ga. 802, 803 (50 S. E. 915), where the ruling in the Brooks case was limited to its particular facts. While only five Justices participated in the Stoddard case,…