Frazier v. Georgia R.R. & Banking Co.

• Decision Date: 27 July 1899
• Citation: 33 S.E. 996,108 Ga. 807
• Parties: FRAZIER v. GEORGIA RAILROAD & BANKING CO.
• Court: Georgia Supreme Court

33 S.E. 996

108 Ga. 807

FRAZIER v. GEORGIA RAILROAD & BANKING CO.

Supreme Court of Georgia

July 27, 1899

Syllabus by the Court.

1. When a plaintiff's right to recover depended upon the establishment of a particular fact, and the only proof offered for this purpose was circumstantial evidence, from which the existence of such fact might be inferred, but which did not demand a finding to that effect, a recovery by the plaintiff was not lawful, when, by the positive and uncontradicted testimony of unimpeached witnesses, which was perfectly consistent with the circumstantial evidence relied on by the plaintiff, it was affirmatively shown that no such fact existed.

2. It results from an application of the above to the evidence appearing in the record of the present case that the judgment excepted to was right.

Error from superior court, Taliaferro county; S. Reese, Judge.

Action by Alexander Frazier against the Georgia Railroad & Banking Company. Judgment for defendant. Plaintiff brings error. Affirmed.

Saml. H. Sibley, for plaintiff in error.

Jos. B. & Bryan Cumming, for defendant in error.

PER CURIAM.

Judgment affirmed.