Legal Opinion

Jordan v. Atlanta, Birmingham & Atlantic Railroad

Court of Appeals of Georgia

Decided December 4, 1909No. 1716PublishedCited by 1 opinion

Action for damages; from city court of Fitzgerald — Judge Jay. November 37, 1909.

1Opinion of the CourtEussell, J.

It appears to us that the judge might have directed a verdict in favor of the Atlanta, Birmingham & Atlantic Eailroad Companjq but he was not authorized to award a nonsuit in favor of its eodefendant, Forbes. The nonsuit was granted after the evidence had been closed on both sides. At this stage of the case it is not strictly regular to award a nonsuit. A nonsuit should be granted, if at all, when it is apparent that the plaintiff has failed to make out his ease as laid, and before the defendant is put to the necesshy of introducing proof. However, as pointed but in Murphy v. Georgia Ry. &…

2Cases cited5 opinions

  1. Davis v. KirklandCourt of Appeals of Georgia · 1907
  2. Finley v. Southern Railway Co.Court of Appeals of Georgia · 1909
  3. Johnson v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1908
  4. Bush v. RobertsCourt of Appeals of Georgia · 1908
  5. Murphy v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1908

3Cited by1 opinion

  1. Bryant v. Village Centers, Inc.Court of Appeals of Georgia · 1983

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