Georgia Southern & Florida Railway Co. v. Walker

Court of Appeals of Georgia

Georgia Southern & Florida Railway Co. v. Walker

62 S.E. 720, 5 Ga. App. 155, 1908 Ga. App. LEXIS 42

CourtCourt of Appeals of Georgia

DecidedNovember 10, 1908

Docket1284

StatusPublished

Cited by3 cases

This text of 62 S.E. 720 (Georgia Southern & Florida Railway Co. v. Walker) 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

Georgia Southern & Florida Railway Co. v. Walker, 62 S.E. 720, 5 Ga. App. 155, 1908 Ga. App. LEXIS 42 (Ga. Ct. App. 1908).

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Opinion

Russell, J.

1. The evidence authorized the verdict, and the errors complained of are not of sufficient materiality to require the grant of a. new trial.

2. Evidence which is sufficient to rebut the presumption of negligence may itself be discredited by proof of physical facts and circumstances which show such testimony to be incredible. Western & Atlantic R. Co. v. Clark, 2 Ga. App. 346 (58 S. E. 510) ; Atlantic & Birmingham Ry. Co. v. Clute, 3 Ga. App. 508 (60 S. E. 277).

3. Any witness may give his opinion, after having given the facts upon which he bases it, so as to enable the jury to determine the probative-value of his -opinionative evidence. The value of services rendered maybe proved in this way. Judgment affirmed.

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Russell, J.

1. The evidence authorized the verdict, and the errors complained of are not of sufficient materiality to require the grant of a. new trial.

2. Evidence which is sufficient to rebut the presumption of negligence may itself be discredited by proof of physical facts and circumstances which show such testimony to be incredible. Western & Atlantic R. Co. v. Clark, 2 Ga. App. 346 (58 S. E. 510) ; Atlantic & Birmingham Ry. Co. v. Clute, 3 Ga. App. 508 (60 S. E. 277).

3. Any witness may give his opinion, after having given the facts upon which he bases it, so as to enable the jury to determine the probative-value of his -opinionative evidence. The value of services rendered maybe proved in this way. Judgment affirmed.

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Bluebook (online)

62 S.E. 720, 5 Ga. App. 155, 1908 Ga. App. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-southern-florida-railway-co-v-walker-gactapp-1908.

Opinion

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