Legal Opinion

Garrett v. Louisville & Nashville Railroad

Court of Appeals of Georgia

Decided September 23, 1952No. 34173Published

1Opinion of the CourtCarlisle, J.

1. “The plaintiff must recover upon the cause of action laid in the declaration, and a verdict for the defendant is required when the cause of action thus laid is not proved.” Burdette v. Crawford, 125 Ga. 577 (2) (54 S. E. 677); Franklin Savings & Loan Co. v. Branan, 54 Ga. App. 363 (2), 364 (188 S. E. 67); Finley v. Coastal Chevrolet Corp., 64 Ga. App. 489 (13 S. E. 2d, 683).

2. “The testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him, when such testimony is vague, equivocal, or self-contradictory.” Western & Atlantic R. Co. v.…

2Cases cited6 opinions

  1. Western & Atlantic Railroad v. EvansSupreme Court of Georgia · 1895
  2. Franklin Savings & Loan Co. v. BrananCourt of Appeals of Georgia · 1936
  3. Burdette v. CrawfordSupreme Court of Georgia · 1906
  4. Flynt v. Southern Railway Co.Court of Appeals of Georgia · 1910
  5. Weatherford v. WeatherfordSupreme Court of Georgia · 1948

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