Supreme Court of Georgia, 1897

Zimmerman v. Western & Atlantic Railroad

Zimmerman v. Western & Atlantic Railroad
Supreme Court of Georgia · Decided June 9, 1897 · Simmons
102 Ga. 568; 27 S.E. 678; 1897 Ga. LEXIS 586

Zimmerman v. Western & Atlantic Railroad

Opinion of the Court

Simmons, C. J.

The declaration set forth a cause of action, and the evidence introduced by the plaintiff in support thereof presented questions for consideration and determination by the jury, and not for solution by the trial judge. There was no error in overruling the general demurrer to the petition, but it was erroneous to grant a nonsuit.

Judgment on the main bill of exceptions reversed; on cross-bill affirmed.

All the Justices concurring.

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