Supreme Court of Georgia, 1895

Georgia Railroad & Banking Co. v. Cosby

Georgia Railroad & Banking Co. v. Cosby
Supreme Court of Georgia · Decided July 29, 1895 · Atkinson
97 Ga. 299; 22 S.E. 912

Counsel

Joseph B. & Bryan Gumming and M. P. Reese, for plaintiff in error. Oolley & Sims, contra.

Georgia Railroad & Banking Co. v. Cosby

Opinion of the Court

Atkinson, J.

1. It appearing from tbe evidence that the plaintiff was not guilty of any negligence, and there being some evidence to warrant a finding of negligence on the part of the defendant, which it had the opportunity to rebut, but failed to do so, this court will not set aside the ver diet, in the plaintiff’s favor, after its approval by the trial judge.

2. There was no error in refusing to charge that, if the sole cause of the injury to the plaintiff was the negligence of his fellow-servant, the former was not entitled to recover.

Judgment affirmed.

Joseph B. & Bryan Gumming and M. P. Reese, for plaintiff in error. Oolley & Sims, contra.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.