Legal Opinion
Carter v. Central of Georgia Railway Co.
Court of Appeals of Georgia
Decided December 9, 1907No. 671PublishedCited by 4 opinions
Action for damages, from city court of Floyd county — -Judge Hamilton. June 12, 1907.
1Opinion of the CourtRussell, J.
There was no error in awarding a nonsuit. The evidence at most merely raises a suspicion or conjecture that the fire was caused by sparks from an engine which had passed. The evidence does not authorize a reasonable inference that the fire was set out by the defendant’s engine. This case is controlled by Harris v. Ga. Ry. & Elec. Co., 1 Ga. App. 714 (57 S. E. 1076); G., J. & S. R. Co. v. Edmondson, 101 Ga. 747 (29 S. E. 213); Southern Railway Co. v. Myers, 108 Ga. 166 (33 S. E. 917). Judgment ajirmed.
2Cases cited3 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Southern Railway Co. v. MyersSupreme Court of Georgia · 1899
3Cited by4 opinions
- Western & Atlantic Railroad v. HughesSupreme Court of the United States · 1929
- Burns v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1909
- Weaver v. Southern Railway Co.Court of Appeals of Georgia · 1911
- Adair v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1918