Marshall v. Woodbury Banking Co

• Decision Date: 20 September 1910
• Docket Number: (No. 2,127.)
• Citation: Marshall v. Woodbury Banking Co, 68 S.E. 957, 8 Ga.App. 221 (Ga. App. 1910)
• Parties: MARSHALL v. WOODBURY BANKING CO.
• Court: Georgia Court of Appeals

68 S.E. 957

8 Ga.App. 221

MARSHALL

v.WOODBURY BANKING CO.

(No. 2, 127.)

Court of Appeals of Georgia.

Sept. 20, 1910.

(Syllabus by the Court.)

Trial, (§ 142^*)—Question for Jury—Inferences from Evidence.

A verdict for the plaintiff was not demanded by the evidence, and the court erred in directing the verdict in this case. In any case where the evidence may be subject to more than one construction, or where more than one inference may be drawn, even from undisputed facts, the duty of solving the mystery should be placed upon the jury.

[Ed. Note.—For other cases, see Trial, Cent. Dig. § 337; Dec. Dig. § 142.*]

Error from City Court of Greenville; H. H. Revill, Judge.

Action by the Woodbury Banking Company against Mrs. T. J. Marshall. There was a directed verdict for plaintiff, and defendant brings error. Reversed.

W. R. Jones, and J. Y. Allen, for plaintiff in error.

Hill & Culpepper and Greene F. Johnson, for defendant in error.

RUSSELL, J. Judgment reversed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes