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Frazier v. Georgia Railroad & Banking Co.

33 S.E. 996, 108 Ga. 807, 1899 Ga. LEXIS 453
CourtSupreme Court of Georgia
DecidedJuly 27, 1899
StatusPublished
Cited by63 cases

This text of 33 S.E. 996 (Frazier v. Georgia Railroad & Banking 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
Frazier v. Georgia Railroad & Banking Co., 33 S.E. 996, 108 Ga. 807, 1899 Ga. LEXIS 453 (Ga. 1899).

Opinion

Lumpkin, P. J.

1. When a plaintiff’s right to recover depended upon the establishment of a particular fact, and the only proof offered for this purpose was circumstantial evidence from which the existence of such fact might be inferred, but which did not demand a finding to that effect, a recovery by the plaintiff was not lawful, when, by the positive and uncontradicted testimony of unimpeached witnesses, which was perfectly consistent with the circumstantial evidence relied on by the plaintiff, it was affirmatively shown that no such fact existed.

2. It results from an application of the above to the evidence appearing in the record of the present case that the judgment excepted to was right.

Judgment affirmed.

All the Justices concurring.

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Bluebook (online)
33 S.E. 996, 108 Ga. 807, 1899 Ga. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-georgia-railroad-banking-co-ga-1899.