Atlantic Coast Line Railroad v. Collins
Cases that cite this one
3 later published cases cite this decision.
- Peach State Ford Truck Sales, Inc. v. Davis (Ga. Ct. App. 1979)
- Weaver v. Georgia Power Co. (Ga. Ct. App. 1975)
- Reaves v. Columbus Electric & Power Co. (Ga. Ct. App. 1924)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. Where a witness testifies to certain facts upon his direct examination, but upon cross-examination shows that he has answered from hearsay and without any personal knowledge of the facts about which he has testified, his testimony should, as hearsay, be excluded from consideration, for the reason that hearsay evidence is without probative value.
2. Upon cross-examination the plaintiff, by his testimony, demonstrated that his knowledge of the loss of the six sacks of fertilizer was wholly dependent upon hearsay; and, the testimony of those witnesses who would have known of the failure of the carrier to deliver (if there was a failure in this respect) not being introduced, the judgment in favor of the plaintiff in the justice’s court was not warranted by the evidence, and the certiorari should have been sustained.
3. The questions raised by the demurrers, not being argued in the briefs, must be treated as having been abandoned. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.