Atlantic & Birmingham Railway Co. v. Hattaway

55 S.E. 21, 126 Ga. 333, 1906 Ga. LEXIS 379
CourtSupreme Court of Georgia
DecidedAugust 17, 1906
StatusPublished
Cited by1 cases

This text of 55 S.E. 21 (Atlantic & Birmingham Railway Co. v. Hattaway) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atlantic & Birmingham Railway Co. v. Hattaway, 55 S.E. 21, 126 Ga. 333, 1906 Ga. LEXIS 379 (Ga. 1906).

Opinion

Atkinson, -J.

The negligence claimed was based upon the existence of a “low place” in the track. Whether there was such a place was in issue-both in the pleadings and the evidence. It was therefore error fortlie judge in his charge to assume that there was such a “low place.”

Judgment reversed.

All the Justices concur, except Fish, O. J., absent.

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Related

Continental Casualty Co. v. Rucker
179 S.E. 269 (Court of Appeals of Georgia, 1935)

Cite This Page — Counsel Stack

Bluebook (online)
55 S.E. 21, 126 Ga. 333, 1906 Ga. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-birmingham-railway-co-v-hattaway-ga-1906.