Cochrell v. Langley Manufacturing Co.
Court of Appeals of Georgia
Action for damages, from city court of Bichmond county— Judge Eve. January 13, 1908. Coehrell sued the Langley Manufacturing Company, to recover damages for injuries received by him while in its employ. The trial court excluded certain testimony offered by the plaintiff, and, at the conclusion of plaintiff’s evidence, granted a nonsuit. The writ of error challenges the correctness of the ruling excluding the testimony, and the judgment of nonsuit.
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Action for damages, from city court of Bichmond county— Judge Eve. January 13, 1908. Coehrell sued the Langley Manufacturing Company, to recover damages for injuries received by him while in its employ. The trial court excluded certain testimony offered by the plaintiff, and, at the conclusion of plaintiff’s evidence, granted a nonsuit. The writ of error challenges the correctness of the ruling excluding the testimony, and the judgment of nonsuit. The petition alleges the following facts: On March 26, 1907, plaintiff was working for the defendant corporation as a card-grinder, and, while so…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. The main question arises on the grant of a nonsuit. Does-the evidence for the plaintiff, most favorably considered, show any evidential facts, or inference reasonably deducible from evidential facts, tending in any appreciable degree to establish his right to recover? If so, there is “proof to support the plaintiff’s allegations,” and a nonsuit is erroneous. Corcoran v. Merchants and Miners Transportation Co., 1 Ga. App. 743 (57 S. E. 962) ; Vickers v. Atlanta & W. P. R. Co., 64 Ga. 307. It is an elementary principle of law that the duty of inspection is…
2Cases cited14 opinions
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Monahan v. National Realty Co.Court of Appeals of Georgia · 1908
- Cedartown Cotton & Export Co. v. MilesCourt of Appeals of Georgia · 1907
- Southern Cotton-Oil Co. v. GladmanCourt of Appeals of Georgia · 1907
- Southern States Portland Cement Co. v. HelmsCourt of Appeals of Georgia · 1907
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3Cited by35 opinions
- Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
- Sinkovitz v. Peters Land Co.Court of Appeals of Georgia · 1909
- Gordon v. Muehling Packing Co.Supreme Court of Missouri · 1931
- Macon Coca-Cola Bottling Co. v. CraneCourt of Appeals of Georgia · 1937
- MacOn Coca-Cola Bottling Co. v. ChanceySupreme Court of Georgia · 1960
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