Central of Georgia Railway Co. v. Orr

Supreme Court of Georgia

Central of Georgia Railway Co. v. Orr

57 S.E. 89, 128 Ga. 76, 1907 Ga. LEXIS 32

CourtSupreme Court of Georgia

DecidedApril 11, 1907

StatusPublished

Cited by3 cases

This text of 57 S.E. 89 (Central of Georgia Railway Co. v. Orr) 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

Central of Georgia Railway Co. v. Orr, 57 S.E. 89, 128 Ga. 76, 1907 Ga. LEXIS 32 (Ga. 1907).

Pincite

Opinion

Atkinson, J.

1. The material evidence upon the issues in this case was of such character as to render it proper for the court to charge the law relative to the differénee between the weight to be attributed to positive testimony and that to be attributed to negative testimony.

2. While instructing the jury upon that subject, the court charged broadly that positive testimony was to be believed in preference to negative testimony, without giving in connection therewith the appropriate qualification relative to the credibility of the witnesses. Such omission rendered the charge erroneous, and will require a reversal of the judg[77]*77ment. See, in this connection, Atlantic Coast Line R. Co. v. O’Neill, 127 Ga. 685.

Argued February 25, Decided April 11, 1907.

Action for damages. Before Judge Boan. Clayton superior court. January 17, 1906.

Hall & Cleveland, J. B. Hall, and W. L. Watterson, for plaintiff 'in error. Arnold & Arnold, Harvey Hill, and TF. M.' Wright, contra.

Judgment reversed.

Fish, C. J., absent. The other Justices concur.

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