Southern Railway Co. v. O'Bryan
Supreme Court of Georgia
Action for damages. Before Judge Reece. City court of Floyd county. December 16, 1901.
1Opinion of the CourtLumpkin, P. J.
This case was here at the October term, 1900, when a new trial was ordered because of errors committed by the presiding judge. See 112 Ga. 127. Subsequently the case was again tried, and resulted in a verdict against the railway company, which is again before this court complaining of a judgment denying it a second new trial. We are constrained to reverse this judgment and order yet another hearing of the case.
1. Exception is taken to the following charge: “ I charge you that the existence of a fact testified to by one positive witness is to be believed rather than such fact did not exist…
2Cases cited3 opinions
- Humphries v. StateSupreme Court of Georgia · 1897
- Southern Railway Co. v. O'BryanSupreme Court of Georgia · 1900
- Atlanta Consolidated Street Railway Co. v. BighamSupreme Court of Georgia · 1898
3Cited by17 opinions
- Southern Railway Co. v. O'BryanSupreme Court of Georgia · 1903
- Warrick v. StateSupreme Court of Georgia · 1906
- Grant v. StateSupreme Court of Georgia · 1905
- Hare v. Southern Railway Co.Court of Appeals of Georgia · 1939
- Moore v. StateCourt of Appeals of Georgia · 1938
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