Savannah & Atlanta Railway Co. v. Lewis

Court of Appeals of Georgia

Savannah & Atlanta Railway Co. v. Lewis

23 S.E.2d 534, 68 Ga. App. 538, 1942 Ga. App. LEXIS 166

Court of Appeals of Georgia·Decided December 4, 1942·No. 29734.·Published

Opinion

Stephens, P. J.

This case is controlled by the decision in Savannah & Atlanta Ry. Co. v. DeBusk, supra. These cases were by order of the court tried together, and the same pleadings and evidence are involved. The DeBusk case was for the death of two of the mules, while the present ease is for the death of the third mule which did not belong to DeBusk but belonged to Peculia Lewis. In this case the plaintiff recovered $100 as the value of the dead mule. The defendant’s motion for new trial was overruled and to this judgment it excepted. The court erred in overruling the motion for new trial, for the reasons stated in the DeBuslc case.

Judgment reversed.

Sutton and Felton, JJ., concur.

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Stephens, P. J.

This case is controlled by the decision in Savannah & Atlanta Ry. Co. v. DeBusk, supra. These cases were by order of the court tried together, and the same pleadings and evidence are involved. The DeBusk case was for the death of two of the mules, while the present ease is for the death of the third mule which did not belong to DeBusk but belonged to Peculia Lewis. In this case the plaintiff recovered $100 as the value of the dead mule. The defendant’s motion for new trial was overruled and to this judgment it excepted. The court erred in overruling the motion for new trial, for the reasons stated in the DeBuslc case.

Judgment reversed.

Sutton and Felton, JJ., concur.

Savannah & Atlanta Railway Co. v. Lewis, 23 S.E.2d 534, 68 Ga. App. 538, 1942 Ga. App. LEXIS 166 (Ga. Ct. App. 1942).

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