Henry v. Etowah Dredging Co.

• Decision Date: 23 February 1914
• Citation: 81 S.E. 197,141 Ga. 406
• Parties: HENRY v. ETOWAH DREDGING CO. RICKETTS v. HENRY.
• Court: Georgia Supreme Court

81 S.E. 197

141 Ga. 406

HENRY v. ETOWAH DREDGING CO.

RICKETTS v. HENRY.

Supreme Court of Georgia

February 23, 1914

Syllabus by the Court.

The petition was sufficient to withstand a general demurrer.

Although the evidence introduced by the plaintiff from some of his witnesses may have conflicted with his testimony as to whether the machinery which caused the injury to him was safely constructed, and whether the injury was brought about by the plaintiff's own carelessness in the manner of its operation, yet in the light of his own testimony it cannot be said that there was no evidence authorizing the case to be passed on by the jury. The differences in the testimony of witnesses introduced by the plaintiff do not furnish ground for nonsuit, if there is evidence sufficient to carry the case to the jury. What the truth may be is for their determination.

Error from Superior Court, Cherokee County; N. A. Morris, Judge.

Action between J. G. Henry and the Etowah Dredging Company. From the judgment, J. G. Henry brings error and W. E. Ricketts, receiver, assigns cross-error. Reversed on main bill of exceptions, and affirmed on the cross-bill.

A. H. Davis, of Atlanta, for plaintiff in error.

J. Z. Foster, of Marietta, and J. W. Collins and P. P. Du Pre, both of Canton, for defendant in error.

FISH, C.J.

Judgment reversed on the main bill of exceptions, and affirmed on the cross-bill.

All the Justices concur.