Savannah & Northwestern Railway v. Gnann

Court of Appeals of Georgia

Savannah & Northwestern Railway v. Gnann

94 S.E. 914, 21 Ga. App. 671, 1918 Ga. App. LEXIS 470

CourtCourt of Appeals of Georgia

DecidedJanuary 29, 1918

Docket8416

StatusPublished

Cited by1 cases

This text of 94 S.E. 914 (Savannah & Northwestern Railway v. Gnann) 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

Savannah & Northwestern Railway v. Gnann, 94 S.E. 914, 21 Ga. App. 671, 1918 Ga. App. LEXIS 470 (Ga. Ct. App. 1918).

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Opinion

Luke, J.

The grounds of the amendment to the motion for a new trial in this case were abandoned, and the case is here on the general ground that the verdict for the plaintiff was unauthorized by the evidence. The evidence for the plaintiff was circumstantial that an engine of the railroad company set out the fire which damaged him as alleged in his petition. The evidence for the defendant was positive and uncontradicted that the engines alleged to have set out the fire were equipped with proper spark-arresters and were not emitting and did not emit sparks. Tinder the decision in the case of Seaboard Air-Line Railway v. Jarrell, 145 Ga. 688 (89 S. E. 718), the court erred in overruling the defendant’s motion for a new trial.

Judgment reversed.

Wade, O. J., and' Jenkins, J., concur.

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Luke, J.

The grounds of the amendment to the motion for a new trial in this case were abandoned, and the case is here on the general ground that the verdict for the plaintiff was unauthorized by the evidence. The evidence for the plaintiff was circumstantial that an engine of the railroad company set out the fire which damaged him as alleged in his petition. The evidence for the defendant was positive and uncontradicted that the engines alleged to have set out the fire were equipped with proper spark-arresters and were not emitting and did not emit sparks. Tinder the decision in the case of Seaboard Air-Line Railway v. Jarrell, 145 Ga. 688 (89 S. E. 718), the court erred in overruling the defendant’s motion for a new trial.

Judgment reversed.

Wade, O. J., and' Jenkins, J., concur.

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Bluebook (online)

94 S.E. 914, 21 Ga. App. 671, 1918 Ga. App. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savannah-northwestern-railway-v-gnann-gactapp-1918.

Opinion

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