Supreme Court of Georgia, 1910

Saulsbury v. Central of Georgia Railway Co.

Saulsbury v. Central of Georgia Railway Co.
Supreme Court of Georgia · Decided September 29, 1910 · Beck
135 Ga. 182; 69 S.E. 20; 1910 Ga. LEXIS 470

Saulsbury v. Central of Georgia Railway Co.

Opinion of the Court

Beck, J.

1. Whether or not the preliminary proof shows that sufficient diligence had been exercised, in searching for a paper to account for its loss, and to authorize the introduction of secondary evidence of its contents,, rests to a considerable degree in the sound discretion of the eburt.

2. There having in this case been no abuse of discretion in holding that a sufficient foundation had not been laid for the introduction of secondary evidence, and in rejecting the same, the ruling will not be reversed. Nor will the judgment of the court granting a nonsuit, which necessarily followed the rejection of the secondary evidence referred to, be disturbed.

Judgment affirmed.

All the Justices concur, except Atlvmson, J., disqualified.

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