Callaway & Truitt v. Southern Railway Co.

Supreme Court of Georgia

Callaway & Truitt v. Southern Railway Co.

55 S.E. 23, 126 Ga. 195, 1906 Ga. LEXIS 360

DecidedAugust 9, 1906

StatusPublished

This text of 55 S.E. 23 (Callaway & Truitt v. Southern Railway Co.) 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

Callaway & Truitt v. Southern Railway Co., 55 S.E. 23, 126 Ga. 195, 1906 Ga. LEXIS 360 (Ga. 1906).

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Opinion

Evans, J.

1. Neither the evidence admitted nor that offered by the plaintiffs but rejected by the court was such as to fix the identity of the goods for the value of which they sought to hold the defendant company accountable, or to show what was the market price of the same.

2. On appeal from a justice’s court to a jury in the superior court, where the plaintiff fails to make out a prima facie ease, it is not error for the court to direct a verdict in favor of the defendant. Callaway & Truitt v. Southern Railway Co., this day decided, ante, 192.

■Judgment affirmed.

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

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Evans, J.

1. Neither the evidence admitted nor that offered by the plaintiffs but rejected by the court was such as to fix the identity of the goods for the value of which they sought to hold the defendant company accountable, or to show what was the market price of the same.

2. On appeal from a justice’s court to a jury in the superior court, where the plaintiff fails to make out a prima facie ease, it is not error for the court to direct a verdict in favor of the defendant. Callaway & Truitt v. Southern Railway Co., this day decided, ante, 192.

■Judgment affirmed.

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

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Bluebook (online)

55 S.E. 23, 126 Ga. 195, 1906 Ga. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callaway-truitt-v-southern-railway-co-ga-1906.