Maynard v. American Ry. Express Co.

• Decision Date: 20 December 1922
• Docket Number: 13272.
• Citation: 115 S.E. 35,29 Ga.App. 329
• Parties: MAYNARD v. AMERICAN RY. EXPRESS CO.
• Court: Georgia Court of Appeals

115 S.E. 35

29 Ga.App. 329

MAYNARD v. AMERICAN RY. EXPRESS CO.

No. 13272.

Court of Appeals of Georgia, Second Division

December 20, 1922

Syllabus by the Court.

The judgment of the superior court in sustaining a certiorari from the municipal court of Macon, and in thus granting a new trial to the plaintiff in certiorari, will be affirmed, where the judgment of the municipal court (sitting as court and jury) is not absolutely demanded by the evidence, without any adjudication by this court with respect to the reason assigned by the superior court judge as the basis for his action. Nickajack, etc., Co. v. International, etc., Co., 26 Ga.App. 473, 106 S.E. 300; Van Giesen v. Queen Insurance Co., 132 Ga. 515 (1), 64 S.E. 456; Ballenger v. Ballenger, 147 Ga. 351, 94 S.E. 237; Cowart v. Strickland, 149 Ga. 397 (6), 100 S.E. 447, 7 A.L.R. 1110.

There being involved the question of the value of the specific articles of personalty, as distinguished from the market value of a given commodity at a particular time and place, the court, sitting without a jury, was not bound by the opinion of the plaintiff upon the question of value, there being some data in evidence from which the court could form its own judgment, and such judgment therefore cannot be said to have been absolutely demanded by the evidence. Martin v. Martin, 135 Ga. 162 (1), 68 S.E. 1095; Great American, etc., Ass'n v. Jenkins, 11 Ga.App. 784 (5), 76 S.E. 159.

Error from Superior Court, Bibb County.

Action between Lizzie Maynard and the American Railway Express Company. Judgment for the latter, and the former brings error. Affirmed.

Grady Gillon, of Macon, for plaintiff in error.

Jones, Park & Johnston, of Macon, for defendant in error.

BELL, J.

Judgment affirmed.

JENKINS, P.J., and STEPHENS, J., concur.