Legal Opinion · Dissent

London Guarantee & Accident Co. v. Bernstein

Court of Appeals of Georgia

Decided January 23, 1947No. 31417Published

1DissentBroyles, C. J.

The claimants, Mr. and Mrs. Bernstein, were the only witnesses in this case, and their testimony as to their dependency was vague and contradictory, and based to a great extent upon their mere conclusions; and it is well settled that, where the plaintiffs are the only witnesses in a case, their testimony should be construed most strongly against them; and they are not entitled to a recovery if that version of their testimony most unfavorable to them shows that the verdict should be against them. Turnmire v. Higgins, 176 Ga. 368 (1) (supra), and citations; Southern Ry. Co. v. Hobbs, 121 Ga.…

2Cases cited7 opinions

  1. Southern Railway Co. v. HobbsSupreme Court of Georgia · 1904
  2. Employers Liability Assurance Corp. v. WoodwardCourt of Appeals of Georgia · 1936
  3. Bibb Manufacturing Co. v. AlfordCourt of Appeals of Georgia · 1935
  4. Serrano v. Cudahy Packing Co.Supreme Court of Iowa · 1922
  5. Georgia Southern & Florida Railway Co. v. OverstreetCourt of Appeals of Georgia · 1916

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