Georgia Court of Appeals, 1927

Layfield v. O'Neill

Layfield v. O'Neill
Georgia Court of Appeals · Decided October 4, 1927 · Bloodworth
37 Ga. App. 265; 139 S.E. 924; 1927 Ga. App. LEXIS 617

Layfield v. O'Neill

Opinion of the Court

Bloodworth, J.

1. Tlie instructions to tlie jury as to the presumption against a party failing to produce evidence in his power or within his reach (Civil Code of 1910, § 5749) were authorized by the facts. Moye v. Reddick, 20 Ga. App. 649 (2), 652 (93 S. E. 256). See also Fountain v. Callaway Co., 144 Ga. 550 (2) (87 S. E. 651).

2. There is evidence to support the verdict.

Judgment affirmed.

Broyles, C. J., and Tjuke, J., concur.

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