Henry v. Ashley-Price Lumber Co.

Court of Appeals of Georgia

Henry v. Ashley-Price Lumber Co.

89 S.E. 601, 18 Ga. App. 493, 1916 Ga. App. LEXIS 1045

CourtCourt of Appeals of Georgia

DecidedJuly 29, 1916

Docket7235

StatusPublished

Cited by2 cases

This text of 89 S.E. 601 (Henry v. Ashley-Price Lumber Co.) 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

Henry v. Ashley-Price Lumber Co., 89 S.E. 601, 18 Ga. App. 493, 1916 Ga. App. LEXIS 1045 (Ga. Ct. App. 1916).

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Opinion

Hodges, J.

1. The judgment upon the demurrers to the petition and . the amendment thereto was an adjudication that the'plaintiff was entitled to recover if he proved his cause of action as set out in his writ. This judgment was not excepted to by the defendant, and fixed the law of the case.

2. Where several acts of negligence on the part of the defendant are alleged, the plaintiff is.not required to establish more than one of the acts complained of. Considering the evidence offered by the plaintiff, and the deductions and inferences that may be legitimately drawn therefrom, this court is of the opinion that the trial judge erred in. awarding a nonsuit. Judgment reversed.

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Hodges, J.

1. The judgment upon the demurrers to the petition and . the amendment thereto was an adjudication that the'plaintiff was entitled to recover if he proved his cause of action as set out in his writ. This judgment was not excepted to by the defendant, and fixed the law of the case.

2. Where several acts of negligence on the part of the defendant are alleged, the plaintiff is.not required to establish more than one of the acts complained of. Considering the evidence offered by the plaintiff, and the deductions and inferences that may be legitimately drawn therefrom, this court is of the opinion that the trial judge erred in. awarding a nonsuit. Judgment reversed.

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Bluebook (online)

89 S.E. 601, 18 Ga. App. 493, 1916 Ga. App. LEXIS 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-ashley-price-lumber-co-gactapp-1916.

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