Georgia Court of Appeals, 1907

Caudell v. Southern Railway Co.

Caudell v. Southern Railway Co.
Georgia Court of Appeals · Decided September 19, 1907 · Hill
2 Ga. App. 479; 58 S.E. 689; 1907 Ga. App. LEXIS 431

Caudell v. Southern Railway Co.

Opinion of the Court

Hill, C. J.

Tlie plaintiff having failed to prove his ease as laid, the court should have awarded a nonsuit. The defendant having introduced no testimony, the direction of a verdict in its favor was erroneous. Proctor & Gamble Co. v. Blakely Oil Co., 128 Ga. 606, 57 S. E. 879.

The judgment is reversed, with direction 'that in the trial court a judgment of nonsuit be substituted for the judgment rendered.

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