Caudell v. Southern Ry. Co
| Decision Date | 19 September 1907 |
| Docket Number | (No.414.) |
| Citation | 58 S.E. 689,2 Ga. App. 479 |
| Parties | CAUDELL. v. SOUTHERN RY. CO. |
| Court | Georgia Court of Appeals |
Trial—Nonsuit.
The plaintiff having failed to prove his case as laid, the court should have awarded a nonsuit. The defendant having introduced no testimony, the direction of a verdict in its favor was erroneous. Proctor & Gamble Co. v. Blakeley Oil & Fertilizer Co., 57 S. E. 879.
[Ed. Note.—For cases in point, see Cent. Dig vol. 46, Trial, § 383.]
(Syllabus by the Court.)
Error from Superior Court, Habersham County; J. J. Kimsey, Judge.
Action by Ella Caudell against the Southern Railway Company. Judgment for defendant, and plaintiff brings error. Reversed, and judgment of nonsuit ordered.
J. C. Edwards and J. L. Perkins, for plaintiff in error.
McMillan & Erwin, for defendant in error.
The judgment is reversed, with direction that in the trial court a judgment of nonsuit be substituted for the judgment rendered.
To continue reading
Request your trial
-
Findley v. Cent. Of Ga. Ry. Co
...and the proof. There should be a nonsuit. Proctor & Gamble Co. v. Blakely Oil Co., 128 Ga. 606, 57 S. E. 879; Caudell v. Southern Ry. Co., 2 Ga. App. 479, 58 S. E. 689; Murphy v. Ga. Ry. & Elec. Co., 4 Ga. App. 522, 61 S. E. 1133; Gay v. Peak, 5 Ga. App. 584, 63 S. E. 650 (4). Further, we d......
- Caudell v. Southern Ry. Co.