Bradford v. City of Commerce

Court of Appeals of Georgia

Bradford v. City of Commerce

86 S.E.2d 645, 91 Ga. App. 581

CourtCourt of Appeals of Georgia

DecidedFebruary 3, 1955

Docket35400

StatusPublished

Cited by4 cases

This text of 86 S.E.2d 645 (Bradford v. City of Commerce) 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.

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Bradford v. City of Commerce, 86 S.E.2d 645, 91 Ga. App. 581 (Ga. Ct. App. 1955).

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Opinion

Gardner, P. J.

“Regardless of whether a petition sets out a cause of action, if the plaintiff proves every fact charged, without at the same time disproving his right to recover by establishing the existence of other undisputed facts which show that he is not entitled to a verdict, it is not proper to award a nonsuit.” Clark v. Bandy, 196 Ga. 546 (27 S. E. 2d 17). See also Williams v. Smith, 210 Ga. 325 (80 S. E. 2d 289); Buchanan v. Heath, 210 Ga. 410 (1) (80 S. E. 2d 393); Garmon v. Boozer, 210 Ga. 542 (81 S. E. 2d 456). The phrase “other undisputed facts,” establishment of the existence of which may defeat the action, refers to evidence barring the plaintiff’s right to recover other than that pleaded as the cause of action. Fogarty v. Hartley, 89 Ga. App. 437 (1) (79 S. E. 2d 409). There is some evidence in this record to support every material allegation of the petition, for which reason the grant of a nonsuit was error.

Judgment reversed.

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Gardner, P. J.

“Regardless of whether a petition sets out a cause of action, if the plaintiff proves every fact charged, without at the same time disproving his right to recover by establishing the existence of other undisputed facts which show that he is not entitled to a verdict, it is not proper to award a nonsuit.” Clark v. Bandy, 196 Ga. 546 (27 S. E. 2d 17). See also Williams v. Smith, 210 Ga. 325 (80 S. E. 2d 289); Buchanan v. Heath, 210 Ga. 410 (1) (80 S. E. 2d 393); Garmon v. Boozer, 210 Ga. 542 (81 S. E. 2d 456). The phrase “other undisputed facts,” establishment of the existence of which may defeat the action, refers to evidence barring the plaintiff’s right to recover other than that pleaded as the cause of action. Fogarty v. Hartley, 89 Ga. App. 437 (1) (79 S. E. 2d 409). There is some evidence in this record to support every material allegation of the petition, for which reason the grant of a nonsuit was error.

Judgment reversed.

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86 S.E.2d 645, 91 Ga. App. 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradford-v-city-of-commerce-gactapp-1955.

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