Supreme Court of Georgia, 1903

Alabama Midland Railway Co. v. Swindell & Co.

Supreme Court of Georgia · Decided June 29, 1903 · Cobb

117 Ga. 883; 45 S.E. 264; 1903 Ga. LEXIS 378

Cases that cite this one

5 later published cases cite this decision.

Southern Railway Co. v. Smith (Ga. Ct. App. 1918)
Atlantic Coast Line Railroad v. McElmurray Bros. (Ga. Ct. App. 1913)
Southern Railway Co. v. Elliott (Ga. 1907)
Southern Railway Co. v. Herrington (Ga. 1907)
Fordham v. Ehrlich & Brother (Ga. 1903)

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

Cobb, J.

1. The motion to dismiss the writ of error must be overruled. Under the ruling in Cooper v. State, 103 Ga. 405, which was followed in Medlock v. Haslett, 115 Ga. 428, the act of November 21,1901 (Acts 1901, p. 94) had the effect to constitute the then existing city court of Bainbridge a constitutional city court.

2. The evidence discloses a case very similar to that which was contained in the record in the case of Southern Railway Co. v. Pace, 114 Ga. 712. That decision was followed in the case of Southern Railway Co. v. Horine, 115 Ga. 664. Under these rulings, the evidence in the present case did not authorize a verdict in favor of the plaintiff, and the judge should have granted a new trial.

Judgment reversed.

All the Justices concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.