Hughes v. Georgia Railway & Electric Co.

Supreme Court of Georgia

Hughes v. Georgia Railway & Electric Co.

55 S.E. 229, 126 Ga. 462, 1906 Ga. LEXIS 412

Supreme Court of Georgia·Decided August 13, 1906·Published·Cited by 1 cases

Opinion

Lumpkin, J.

The evidence in this ease did not sustain the allegations of the declaration and amended declaration, and the plaintiff was not entitled to have the case submitted to the jury. The proper judgment, however, should have been one of nonsuit, rather than a dismissal on the pleadings and evidence. The judgment is affirmed, with direction that it be so altered as to be one of nonsuit.

Judgment affirmed, with direction.

All the Justices concur, except Fish, O. J., absent.

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Lumpkin, J.

The evidence in this ease did not sustain the allegations of the declaration and amended declaration, and the plaintiff was not entitled to have the case submitted to the jury. The proper judgment, however, should have been one of nonsuit, rather than a dismissal on the pleadings and evidence. The judgment is affirmed, with direction that it be so altered as to be one of nonsuit.

Judgment affirmed, with direction.

All the Justices concur, except Fish, O. J., absent.

Hughes v. Georgia Railway & Electric Co., 55 S.E. 229, 126 Ga. 462, 1906 Ga. LEXIS 412 (Ga. 1906).

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Opinion

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