Brown v. Powers

Court of Appeals of Georgia

Brown v. Powers

95 S.E. 311, 22 Ga. App. 27, 1918 Ga. App. LEXIS 117

CourtCourt of Appeals of Georgia

DecidedMarch 13, 1918

Docket9418

StatusPublished

This text of 95 S.E. 311 (Brown v. Powers) 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

Brown v. Powers, 95 S.E. 311, 22 Ga. App. 27, 1918 Ga. App. LEXIS 117 (Ga. Ct. App. 1918).

Pincite

Opinion

Wade, C. J.

From the testimony of the plaintiff himself it does not appear that he suffered any actual loss from the alleged injuries to the mule for which rec'overy was sought; and under the testimony of the only person present at the time of the injury, other than the defendant, and under all the circumstances shown, the burden resting upon the plaintiff, to establish that the damages resulted from the conduct of the defendant, was not carried. The trial judge therefore did not err in awarding a nonsuit.

Judgment affirmed.

Jenkins and Luke, JJ., concur.

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Wade, C. J.

From the testimony of the plaintiff himself it does not appear that he suffered any actual loss from the alleged injuries to the mule for which rec'overy was sought; and under the testimony of the only person present at the time of the injury, other than the defendant, and under all the circumstances shown, the burden resting upon the plaintiff, to establish that the damages resulted from the conduct of the defendant, was not carried. The trial judge therefore did not err in awarding a nonsuit.

Judgment affirmed.

Jenkins and Luke, JJ., concur.

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Bluebook (online)

95 S.E. 311, 22 Ga. App. 27, 1918 Ga. App. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-powers-gactapp-1918.