Brown v. Western Ry. of Ala.

• Decision Date: 02 February 1950
• Docket Number: No. 1,No. 32130,32130,1
• Citation: 57 S.E.2d 454,80 Ga.App. 770
• Parties: BROWN v. WESTERN RY. OF ALABAMA
• Court: Georgia Court of Appeals

Page 454

57 S.E.2d 454

80 Ga.App. 770

BROWN v. WESTERN RY. OF ALABAMA.

No. 32130.

Court of Appeals of Georgia, Division No. 1.

Feb. 2, 1950.

T. J. Lewis, Atlanta, Richard M. Maxwell, Atlanta, for plaintiff in error.

Morris B. Abram, Atlanta, Heyman, Howell & Hyeman, Atlanta, Steiner, Crum & Weil, Montgomery, Ala., for defendant in error.

Syllabus Opinion by the Court.

SUTTON, Chief Judge.

This court affirmed the judgment of the trial court sustaining the defendant's demurrer and dismissing the plaintiff's petiton. Brown v. Western Ry. of Alabama, 77 Ga.App. 780, 49 S.E.2d 833. Certiorari was denied by the Supreme Court of Georgia, but was granted by the Supreme Court of the United States. The latter court reversed the judgment of this court. Brown v. Western Ry. of Alabama, 338 U.S. 294, 70 S.Ct. 105, 94 L.Ed. ----. The original judgment of affirmance in this case by this court is vacated, and the judgment of the trial court is reversed in accordance with the ruling and mandate of the Supreme Court of the United States in said case.

Judgment reversed.

FELTON and WORRILL, JJ., concur.