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Central of Georgia Railway Co. v. Pitts

85 S.E. 285, 16 Ga. App. 314, 1915 Ga. App. LEXIS 607
CourtCourt of Appeals of Georgia
DecidedMay 7, 1915
Docket6088
StatusPublished
Cited by4 cases

This text of 85 S.E. 285 (Central of Georgia Railway Co. v. Pitts) 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
Central of Georgia Railway Co. v. Pitts, 85 S.E. 285, 16 Ga. App. 314, 1915 Ga. App. LEXIS 607 (Ga. Ct. App. 1915).

Opinion

Wade, J.

Though the placing of cross-ties at a switch on the line of a railway company for its acceptance and use, and their subsequent removal by some one, might create a presumption that the ties had been accepted and used by the company, and a corresponding obligation on its part to pay therefor, yet where positive, unequivocal, and uncontradicted testimony denies that the ties were ever inspected or received by the company, this presumption- is legally rebutted. The verdict against the railway company in this case was therefore unauthorized, and the judge of the superior court erred in overruling the certiorari.

Judgment reversed.

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Bluebook (online)
85 S.E. 285, 16 Ga. App. 314, 1915 Ga. App. LEXIS 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-of-georgia-railway-co-v-pitts-gactapp-1915.