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Matthews & Co. v. Seaboard Air-Line Railway

87 S.E. 1097, 17 Ga. App. 664, 1916 Ga. App. LEXIS 843
CourtCourt of Appeals of Georgia
DecidedFebruary 18, 1916
Docket6708
StatusPublished
Cited by24 cases

This text of 87 S.E. 1097 (Matthews & Co. v. Seaboard Air-Line Railway) 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
Matthews & Co. v. Seaboard Air-Line Railway, 87 S.E. 1097, 17 Ga. App. 664, 1916 Ga. App. LEXIS 843 (Ga. Ct. App. 1916).

Opinion

Russell, C. J.

1. While it is erroneous for the trial judge to submit to the jury an issue not arising under either the pleadings or the evidence, still it is not reversible error for the court, in stating the contentions of the parties, to state these contentions as they are presented in the pleadings, even though there be no evidence, or insufficient evidence, to [665]*665support the contention. The well-recognized proposition that error can not be successfully assigned of. a refusal to direct a verdict is merely a corollary of this general proposition.

Decided February 18, 1916.. Action for conversion; from city court of Americus — Judge Harper. June 8, 1915. Shipp & Sheppard, for plaintiffs. E. A. Haiuhins, for defendant.

2. No reversible error appears, and the evidence authorized the verdict.

Judgment affirmed.

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Bluebook (online)
87 S.E. 1097, 17 Ga. App. 664, 1916 Ga. App. LEXIS 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-co-v-seaboard-air-line-railway-gactapp-1916.