Home/Supreme Court of Georgia/Southern Railway Co. v. Hobbs

Southern Railway Co. v. Hobbs

49 S.E. 294, 121 Ga. 428, 1904 Ga. LEXIS 179
CourtSupreme Court of Georgia
DecidedDecember 10, 1904
StatusPublished
Cited by73 cases

This text of 49 S.E. 294 (Southern Railway Co. v. Hobbs) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southern Railway Co. v. Hobbs, 49 S.E. 294, 121 Ga. 428, 1904 Ga. LEXIS 179 (Ga. 1904).

Opinion

■Evans, J.

1. The testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him when.it is self-contradictory, vague, or equivocal. W. & A. R. Co. v. Evans, 96 Ga. 481; Freyermuth v. R. Co., 107 Ga. 32 ; Ray v. Green, 113 Ga. 920 ; Farmer v. Davenport, 118 Ga. 289. And he “ is not entitled to a finding in his favor if that version of his testimony the most unfavorable to him shows that the verdict should be against him.” Southern Bank v. Goette, 108 Ga. 796.

2. Applying the rule above stated to the testimony of the plaintiff in the present case, what she swore on the last trial was not materially different from the version she gave of the occurrence under investigation at the trial under review when the case was here at the March term, 1903 (118 Ga. 227) ; and as was then pointed out, she was not, in view of her own sworn admissions, entitled to a recovery. . Judgment reversed.

All the Justices concur.

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Bluebook (online)
49 S.E. 294, 121 Ga. 428, 1904 Ga. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-railway-co-v-hobbs-ga-1904.