Frazier v. Georgia Railroad & Banking Co.
Cases that cite this one
53 later published cases cite this decision. The 25 that cite it most often are listed here.
- Travelers Insurance Co. v. Miller (Ga. Ct. App. 1961)
- Floyd v. Colonial Stores, Inc. (Ga. Ct. App. 1970)
- Glynn Plymouth, Inc. v. Davis (Ga. Ct. App. 1969)
- Blount v. Sutton (Ga. Ct. App. 1966)
- Sellers v. State (Ga. Ct. App. 1963)
- Independent Life & Accident Insurance v. Thornton (Ga. Ct. App. 1960)
- Ready-Mix Concrete Co. v. Rape (Ga. Ct. App. 1958)
- Atlantic Coast Line Railroad v. Layne (Ga. Ct. App. 1953)
- Arnall Mills v. Smallwood (5th Cir. 1933)
- Lewis v. American Road Insurance (Ga. Ct. App. 1969)
- Thornton v. Shivers (Ga. Ct. App. 1966)
- Howell Turpentine Co. v. Commissioner of Internal Rev. (5th Cir. 1947)
- Becks v. Pierce (Ga. Ct. App. 2006)
- Southland Owners Ass'n, Inc. v. Myles (Ga. Ct. App. 2001)
- Winder v. Paul Light's Buckhead Jeep Eagle Chrysler Plymouth, Inc. (Ga. Ct. App. 2001)
- Stevenson v. Winn-Dixie Atlanta, Inc. (Ga. Ct. App. 1993)
- Budd v. Saddler Realty, Inc. (Ga. Ct. App. 1979)
- RED TOP CAB COMPANY, INC. v. Hyder (Ga. Ct. App. 1974)
- Cross v. State (Ga. Ct. App. 1972)
- Brennan v. Rushing (Ga. 1969)
- Higgins v. D & F Electric Co. (Ga. Ct. App. 1968)
- Curry v. Durden (Ga. Ct. App. 1961)
- Whitley Construction Co. v. O'DELL (Ga. Ct. App. 1956)
- Kuykendall Et Ux. v. United Gas Pipe Line Co (5th Cir. 1953)
- National Labor Relations Board v. Ray Smith Transport Co. (5th Cir. 1951)
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. When a plaintiff’s right to recover depended upon the establishment of a particular fact, and the only proof offered for this purpose was circumstantial evidence from which the existence of such fact might be inferred, but which did not demand a finding to that effect, a recovery by the plaintiff was not lawful, when, by the positive and uncontradicted testimony of unimpeached witnesses, which was perfectly consistent with the circumstantial evidence relied on by the plaintiff, it was affirmatively shown that no such fact existed.
2. It results from an application of the above to the evidence appearing in the record of the present case that the judgment excepted to was right.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.