Georgia Court of Appeals, 1909

Southern Railway Co. v. Bivings

Southern Railway Co. v. Bivings
Georgia Court of Appeals · Decided October 5, 1909 · Bull
6 Ga. App. 678; 65 S.E. 711; 1909 Ga. App. LEXIS 420

Southern Railway Co. v. Bivings

Opinion of the Court

Bull, C. J.

When this case was here before, this court held that .there was no evidence to support the verdict against the railroad company. 3 Ga. App. 552 (60 S. E. 287). No evidence was introduced on the second trial which changes the opinion of the court. The plaintiff not only failed to make out a prima facie case of negligence, but the evidence in his behalf affirmatively proved that the railroad was not liable.

Judgment reversed.

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