Frazier v. Georgia Railroad & Banking Co.

Frazier v. Georgia Railroad and Banking Company

Frazier v. Ga. R.R. & Banking Co., 33 S.E. 996 (Ga. 1899)

Court: Supreme Court of Georgia · State Highest Courts
Decided: July 27, 1899
Judges: Lumpkin
Citations: 33 S.E. 996108 Ga. 8071899 Ga. LEXIS 453

Cited by 52

Summary

Action for damages. Before Judge Reese. Taliaferro superior court. August term, 1898.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lumpkin

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Lumpkin, P. J.

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.

Judgment affirmed.

All the Justices concurring.

How later courts describe this case

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Cited by 52 cases

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Relies on it most ⓘ

Travelers Insurance Co. v. Miller122 S.E.2d 268 (Ga. Ct. App. 1961)
Glynn Plymouth, Inc. v. Davis170 S.E.2d 848 (Ga. Ct. App. 1969)
Lewis v. American Road Insurance167 S.E.2d 729 (Ga. Ct. App. 1969)
Thornton v. Shivers147 S.E.2d 879 (Ga. Ct. App. 1966)
Pennsylvania Railroad v. Chamberlain288 U.S. 333 (1933)
Lankford v. Holton200 S.E. 243 (Ga. 1938)

Most recent

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RED TOP CAB COMPANY, INC. v. Hyder204 S.E.2d 814 (Ga. Ct. App. 1974)

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Authorities cited 0

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