Georgia Court of Appeals, 1931

Central of Georgia Railway Co. v. Evans

Central of Georgia Railway Co. v. Evans
Georgia Court of Appeals · Decided August 27, 1931 · Stephens
43 Ga. App. 683; 159 S.E. 877; 1931 Ga. App. LEXIS 510

Central of Georgia Railway Co. v. Evans

Opinion of the Court

Stephens, J.

Applying the law as announced by the Supreme Court in answer to certified questions propounded in this case (172 Ga. 53, 157 S. E. 313), the verdict and judgment for the plaintiff were unauthorized by the evidence and were contrary to law. This ruling being controlling, it is unnecessary to pass upon the assignment of error on the order overruling the demurrer to the petition.

Judgment reversed.

Jenkins, P. J., and Bell, J., concur. Hams, Harris & Popper, 8. M. Mathews, for plaintiff in error. John R. L. Smith, Joseph LeConte Smith, contra.

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