Southern Railway Co. v. Hobbs

Southern Railway Company v. Hobbs

Southern Ry. Co. v. Hobbs, 49 S.E. 294 (Ga. 1904)

Court: Supreme Court of Georgia · State Highest Courts
Decided: December 10, 1904
Judges: Evans
Citations: 49 S.E. 294121 Ga. 4281904 Ga. LEXIS 179

Cited by 60

Summary

Action for damages. Before Judge Bartlett. Haralson superior court. August 13, 1904.

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

Opinion of the Court — Evans

Text extracted by OCR from a scanned original; check the original for exact wording.

■Evans, J.

1. The testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him when.it is self-contradictory, vague, or equivocal. W. & A. R. Co. v. Evans, 96 Ga. 481 ; Freyermuth v. R. Co., 107 Ga. 32 ; Ray v. Green, 113 Ga. 920 ; Farmer v. Davenport, 118 Ga. 289 . And he “ is not entitled to a finding in his favor if that version of his testimony the most unfavorable to him shows that the verdict should be against him.” Southern Bank v. Goette, 108 Ga. 796 .

2. Applying the rule above stated to the testimony of the plaintiff in the present case, what she swore on the last trial was not materially different from the version she gave of the occurrence under investigation at the trial under review when the case was here at the March term, 1903 ( 118 Ga. 227 ) ; and as was then pointed out, she was not, in view of her own sworn admissions, entitled to a recovery. . Judgment reversed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 60 cases

View all citing references →

Relies on it most ⓘ

Western & Atlantic Railroad v. Mathis10 S.E.2d 457 (Ga. Ct. App. 1940)
Su v. Perkins211 S.E.2d 421 (Ga. Ct. App. 1974)
Haley v. State Farm Mutual Automobile Insurance202 S.E.2d 838 (Ga. Ct. App. 1973)
Chandler v. Gately167 S.E.2d 697 (Ga. Ct. App. 1969)
Boatright v. Rich's, Inc.173 S.E.2d 232 (Ga. Ct. App. 1970)
Sears, Roebuck & Co. v. Wilson113 S.E.2d 611 (Ga. 1960)

Most recent

Douglas v. Rinker216 S.E.2d 629 (Ga. Ct. App. 1975)
Su v. Perkins211 S.E.2d 421 (Ga. Ct. App. 1974)
Strickland v. Doran203 S.E.2d 567 (Ga. Ct. App. 1973)
Durrett v. Farrar203 S.E.2d 265 (Ga. Ct. App. 1973)
Haley v. State Farm Mutual Automobile Insurance202 S.E.2d 838 (Ga. Ct. App. 1973)
Johnson v. Curenton195 S.E.2d 279 (Ga. Ct. App. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Western & Atl. R.R. v. Evans, 23 S.E. 494 (Ga. 1895)	76
	Ray v. Green, 39 S.E. 470 (Ga. 1901)	42
	Southern Bank v. Goette, 33 S.E. 974 (Ga. 1899)	38
	Farmer v. Davenport, 45 S.E. 244 (Ga. 1903)	26
	Southern Ry. Co. v. Hobbs, 63 L.R.A. 68 (Ga. 1903)	13

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list