Central of Georgia Railway Co. v. Martin

Court of Appeals of Georgia

Central of Georgia Railway Co. v. Martin

124 S.E. 52, 32 Ga. App. 490, 1924 Ga. App. LEXIS 488

CourtCourt of Appeals of Georgia

DecidedJuly 15, 1924

Docket15575

StatusPublished

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Bluebook

Central of Georgia Railway Co. v. Martin, 124 S.E. 52, 32 Ga. App. 490, 1924 Ga. App. LEXIS 488 (Ga. Ct. App. 1924).

Pincite

Opinion

Broyles, C. J.

1. The petition set forth a cause of action and the general demurrer was properly overruled.

2. When the two excerpts from the charge, as complained of in the motion for a new trial, are considered in connection with the entire charge and the facts of the case, no material error appeal’s.

[491]*491Decided July 15, 1924. Allen & Pottle, T. M. Cunningham, for plaintiff in error. A. L. Henson, Sibley & Sibley, contra.

3. Under all the facts of the ease it ivas a question for the jury whether the alleged acts of the defendant’s negligence were the proximate cause of the plaintiff’s injuries. See, in this connection, Georgia Ry. &c. Co. v. McAllister, 126 Ga. 447 (54 S. E. 957, 7 L. R. A. (N. S.) 1177); Georgia Ry. &c. Co. v. Norris, 135 Ga. 838, 845 (70 S. E. 793).

4. The verdict was authorized by the evidence, and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Luke and Bloodioorth, JJ., concur.

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