WASHBURN STORAGE COMPANY v. Mobley

Court of Appeals of Georgia

WASHBURN STORAGE COMPANY v. Mobley

94 S.E.2d 37, 94 Ga. App. 113, 1956 Ga. App. LEXIS 479

CourtCourt of Appeals of Georgia

DecidedJune 27, 1956

Docket36180

StatusPublished

Cited by3 cases

This text of 94 S.E.2d 37 (WASHBURN STORAGE COMPANY v. Mobley) 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.

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WASHBURN STORAGE COMPANY v. Mobley, 94 S.E.2d 37, 94 Ga. App. 113, 1956 Ga. App. LEXIS 479 (Ga. Ct. App. 1956).

Pincite

Opinion

Nichols, J.

Under Code §§ 12-104, 12-404, and the act of 1938 (Ga. L. 1937-38, Ex. Sess., pp. 390, 400; Code, Ann. Supp., § 111-423), the defendant was bound to exercise ordinary care to protect the plaintiff’s property, and his failure to deliver the goods on demand established a prima facie case for the plaintiff. Therefore, the defendant could prevail only by establishing that he had exercised ordinary care to prevent the loss or destruction of the plaintiff’s property.

The evidence presented on the trial of the case supported the judgment of the trial judge hearing the case without the intervention of a jury, and did not demand a finding that the defendant had exercised ordinary care to prevent the loss or destruction of the plaintiff’s property. Therefore, the trial court did not err in denying the defendant’s motion for new trial.

Judgment affirmed.

Felton, C. J., and Quillian, J., concur.

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