Legal Opinion

Atlanta, Birmingham & Atlantic Railroad v. Minchew

Court of Appeals of Georgia

Decided April 6, 1910No. 2280PublishedCited by 1 opinion

Action for damages; from city court of Waj’cross- — ■ Judge Myers. October 9, 1909.

1Opinion of the CourtPowell, J.

1. A train of the defendant company killed one of Mrs. Minchew’s mules. The testimony of the engineer and the fireman had the ring of truth in it, and made a clear case of unavoidable accident. However, there was testimony tending to contradict the defendant’s showing — weak and inferential evidence it is true, and yet legal evidence; and the jury believed it. This court has no power to interfere.

2. Counsel for the railroad company make the point that Mrs. Minchew’s ownership of the property was not such as to authorize her to maintain the action. She bought the property, they concede, but…

2Cited by1 opinion

  1. Atlantic Coast Line Railroad v. WhitakerCourt of Appeals of Georgia · 1911

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