Knowles v. Stewart

Court of Appeals of Georgia

Knowles v. Stewart

94 S.E. 1041, 21 Ga. App. 751, 1918 Ga. App. LEXIS 514

CourtCourt of Appeals of Georgia

DecidedFebruary 7, 1918

Docket8850

StatusPublished

This text of 94 S.E. 1041 (Knowles v. Stewart) 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

Knowles v. Stewart, 94 S.E. 1041, 21 Ga. App. 751, 1918 Ga. App. LEXIS 514 (Ga. Ct. App. 1918).

Pincite

Opinion

Bloodworth, J.

Section 5926 of the Civil Code (1910) is as follows: “Where there is no conflict.in the evidence, and that introduced with all reasonable deductions or inferences therefrom demands a particular verdict, the court may direct the jury to find for the party entitled thereto.” In the instant ease, while the evidence preponderates largely in favor of the defendant, there is some evidence from which the jury could infer that the wire fence was so constructed as to become a part of the realty, and that it was built with this intent. On account of this conflict in the evidence the case should have been submitted to the jury, and the court erred in directing a verdict.

Judgment reversed.

Broyles, P. J., and Harwell, J., concur.

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Bloodworth, J.

Section 5926 of the Civil Code (1910) is as follows: “Where there is no conflict.in the evidence, and that introduced with all reasonable deductions or inferences therefrom demands a particular verdict, the court may direct the jury to find for the party entitled thereto.” In the instant ease, while the evidence preponderates largely in favor of the defendant, there is some evidence from which the jury could infer that the wire fence was so constructed as to become a part of the realty, and that it was built with this intent. On account of this conflict in the evidence the case should have been submitted to the jury, and the court erred in directing a verdict.

Judgment reversed.

Broyles, P. J., and Harwell, J., concur.

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Bluebook (online)

94 S.E. 1041, 21 Ga. App. 751, 1918 Ga. App. LEXIS 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knowles-v-stewart-gactapp-1918.