Atlantic Coast Line Railroad v. Clark

91 S.E.2d 386, 93 Ga. App. 278, 1956 Ga. App. LEXIS 718
CourtCourt of Appeals of Georgia
DecidedJanuary 31, 1956
Docket35915
StatusPublished
Cited by2 cases

This text of 91 S.E.2d 386 (Atlantic Coast Line Railroad v. Clark) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atlantic Coast Line Railroad v. Clark, 91 S.E.2d 386, 93 Ga. App. 278, 1956 Ga. App. LEXIS 718 (Ga. Ct. App. 1956).

Opinion

Gardner, P. J.

The general and special grounds of the demurrers are without merit.

Since the evidence was in conflict, it became a jury question. This case falls within that class of cases where the question as to what negligence and whose negligence is the proximate cause of an alleged injury is a jury question. The jury resolved this in favor of the plaintiff. The evidence is sufficient to sustain the verdict as to the general grounds, and there is no error in the court’s refusal to' grant a new trial.

The court did not err in overruling the demurrers or in denying the motion for new trial, for any of the reasons assigned.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

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Related

Wall v. Southern Railway Co.
396 S.E.2d 266 (Court of Appeals of Georgia, 1990)
Shuler v. Southern Railway Co.
127 S.E.2d 471 (Court of Appeals of Georgia, 1962)

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Bluebook (online)
91 S.E.2d 386, 93 Ga. App. 278, 1956 Ga. App. LEXIS 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-coast-line-railroad-v-clark-gactapp-1956.