Carter v. Central of Georgia Railway Co.

Court of Appeals of Georgia

Carter v. Central of Georgia Railway Co.

59 S.E. 603, 3 Ga. App. 222, 1907 Ga. App. LEXIS 600

CourtCourt of Appeals of Georgia

DecidedDecember 9, 1907

Docket671

StatusPublished

Cited by4 cases

This text of 59 S.E. 603 (Carter v. Central of Georgia Railway Co.) 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

Carter v. Central of Georgia Railway Co., 59 S.E. 603, 3 Ga. App. 222, 1907 Ga. App. LEXIS 600 (Ga. Ct. App. 1907).

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Opinion

Russell, J.

There was no error in awarding a nonsuit. The evidence at most merely raises a suspicion or conjecture that the fire was caused by sparks from an engine which had passed. The evidence does not authorize a reasonable inference that the fire was set out by the defendant’s engine. This case is controlled by Harris v. Ga. Ry. & Elec. Co., 1 Ga. App. 714 (57 S. E. 1076); G., J. & S. R. Co. v. Edmondson, 101 Ga. 747 (29 S. E. 213); Southern Railway Co. v. Myers, 108 Ga. 166 (33 S. E. 917). Judgment ajirmed.

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Russell, J.

There was no error in awarding a nonsuit. The evidence at most merely raises a suspicion or conjecture that the fire was caused by sparks from an engine which had passed. The evidence does not authorize a reasonable inference that the fire was set out by the defendant’s engine. This case is controlled by Harris v. Ga. Ry. & Elec. Co., 1 Ga. App. 714 (57 S. E. 1076); G., J. & S. R. Co. v. Edmondson, 101 Ga. 747 (29 S. E. 213); Southern Railway Co. v. Myers, 108 Ga. 166 (33 S. E. 917). Judgment ajirmed.

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Bluebook (online)

59 S.E. 603, 3 Ga. App. 222, 1907 Ga. App. LEXIS 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-central-of-georgia-railway-co-gactapp-1907.

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