Foster v. Jones

1. “Where a plaintiff in a civil ease supports his action solely bv circumstantial evidence, before he is authorized to have a verdict in his favor the testimony must be such as to reasonably establish the theory relied upon, and to preponderate to that theory, rather than to any other reasonable hypothesis.” Georgia Railway & Electric Co. v. Harris, 1 Ga. App. 714 (57 S. E. 1076).

2. “When a plaintiff’s right to recover depended upon the establishment of a particular fact, and the only proof offered for this purpose was circumstantial evidence from which the existence of such fact might be…