Georgia Court of Appeals, 1907

Carter v. Central of Georgia Railway Co.

Carter v. Central of Georgia Railway Co.
Georgia Court of Appeals · Decided December 9, 1907 · Russell
3 Ga. App. 222; 59 S.E. 603; 1907 Ga. App. LEXIS 600

Carter v. Central of Georgia Railway Co.

Opinion of the Court

Russell, J.

There was no error in awarding a nonsuit. The evidence at most merely raises a suspicion or conjecture that the fire was caused by sparks from an engine which had passed. The evidence does not authorize a reasonable inference that the fire was set out by the defendant’s engine. This case is controlled by Harris v. Ga. Ry. & Elec. Co., 1 Ga. App. 714 (57 S. E. 1076); G., J. & S. R. Co. v. Edmondson, 101 Ga. 747 (29 S. E. 213); Southern Railway Co. v. Myers, 108 Ga. 166 (33 S. E. 917). Judgment ajirmed.

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