Western & Atlantic Railroad v. Gregg

Court of Appeals of Georgia

Western & Atlantic Railroad v. Gregg

97 S.E. 866, 23 Ga. App. 270, 1919 Ga. App. LEXIS 78

CourtCourt of Appeals of Georgia

DecidedJanuary 15, 1919

Docket9921

StatusPublished

This text of 97 S.E. 866 (Western & Atlantic Railroad v. Gregg) 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

Western & Atlantic Railroad v. Gregg, 97 S.E. 866, 23 Ga. App. 270, 1919 Ga. App. LEXIS 78 (Ga. Ct. App. 1919).

Pincite

Opinion

Luke, J.

1. When read as a whole, the charge of the court complained of presented correctly the law of the case. While the evidence for the defendant was strongly opposed to the testimony of the plaintiff, yet the plaintiff swore to a state of facts which, if believed, proved her case as laid. The jury were authorized to believe her in preference to the greater number of witnesses. Since the trial judge, upon whom this court must, by law, depend so to do, has, in the exercise of his discretion, approved the verdict, which has some evidence to support it, and there being no error of law in the trial of the case, the judgment overruling the motion for a new trial is

Affirmed.

Wade, C. J., and Jenkins, J., concur.

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Luke, J.

1. When read as a whole, the charge of the court complained of presented correctly the law of the case. While the evidence for the defendant was strongly opposed to the testimony of the plaintiff, yet the plaintiff swore to a state of facts which, if believed, proved her case as laid. The jury were authorized to believe her in preference to the greater number of witnesses. Since the trial judge, upon whom this court must, by law, depend so to do, has, in the exercise of his discretion, approved the verdict, which has some evidence to support it, and there being no error of law in the trial of the case, the judgment overruling the motion for a new trial is

Affirmed.

Wade, C. J., and Jenkins, J., concur.

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Bluebook (online)

97 S.E. 866, 23 Ga. App. 270, 1919 Ga. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-atlantic-railroad-v-gregg-gactapp-1919.