Legal Opinion

Shiver v. Norfolk-Southern Railway Co.

Supreme Court of Georgia

Decided March 9, 1998No. S97G1107PublishedCited by 18 opinions

1Opinion of the Court

Thompson, Justice.

We granted a petition for certiorari to the Court of Appeals in Shiver v. Norfolk-Southern R. Co., 225 Ga. App. 544 (484 SE2d 503) (1997), to determine whether an unsworn, extrajudicial declaration of a party-witness, which contradicts a subsequent sworn statement by that party, must be construed against him under the rule in Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (343 SE2d 680) (1986). Because we hold that Prophecy Corp. does not apply, we reverse the grant of summary judgment to the employer.

Shiver, a railroad trainman, was injured during the course of his…

2Cases cited8 opinions

  1. Prophecy Corp. v. Charles Rossignol, Inc.Supreme Court of Georgia · 1986
  2. Norfolk & Western Railway Co. v. HilesSupreme Court of the United States · 1996
  3. Central of Georgia Railroad v. CarterCourt of Appeals of Georgia · 1994
  4. Crawley v. SelbySupreme Court of Georgia · 1951
  5. Tuggle v. WallerCourt of Appeals of Georgia · 1955

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3Cited by18 opinions

  1. Thompson v. EzorSupreme Court of Georgia · 2000
  2. Ezor v. ThompsonCourt of Appeals of Georgia · 2000
  3. Mustaqeem-Graydon v. SunTrust BankCourt of Appeals of Georgia · 2002
  4. CSX Transportation, Inc. v. BelcherSupreme Court of Georgia · 2003
  5. Wahnschaff v. ErdmanCourt of Appeals of Georgia · 1998

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