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Ocilla Southern Railroad v. Fletcher

Ocilla Southern Railroad Company v. Fletcher

Ocilla Southern R.R. v. Fletcher, 85 S.E. 673 (Ga. Ct. App. 1915)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 28, 1915
Docket
No. 6003
Judges
Broyles
Citations
85 S.E. 67316 Ga. App. 5221915 Ga. App. LEXIS 108
Summary
Action for damages; from city court of Fitzgerald — Judge Griffin. August 28, 1914.

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

Opinion of the Court — Broyles

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Broyles, J.

1. There was sufficient evidence to authorize the jury to find that the place at which the defendant’s train struck and killed the plaintiff’s mule was in the. county in which the suit was brought. • On the point that the question as to proof, of venue, raised in the brief of counsel for the plaintiff in error, was waived by failure to raise it in the court below, see Central of Georgia Railway Co. v. Dowie, 6 Ga. App. 858 ( 65 S. E. 1091 ), and Summers v. Southern Railway Co., 118 Ga. 175 ( 45 S. E. 27 ).

2. There was some evidence to support the finding of tlie. jury, - and, .the *523 trial judge having approved it, his discretion in overruling the motion for a new trial will not be controlled. Judgment affirmed.

Decided June 28, 1915. Action for damages; from city court of Fitzgerald — Judge Griffin. August 28, 1914. H. J. Quincey, J. B. Wall, Elkins & Koplin, for plaintiff in error. McDonald & Grantham, contra.

How later courts describe this case

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

2004: 120042026peak 2004 · 1

Relies on it most ⓘ

  1. Ueal v. AAA Partners in Adoption, Inc.603 S.E.2d 672 (Ga. Ct. App. 2004)

Most recent

  1. Ueal v. AAA Partners in Adoption, Inc.603 S.E.2d 672 (Ga. Ct. App. 2004)

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Authorities cited 2

DepthCaseCited by
Summers v. Southern Ry. Co., 45 S.E. 27 (Ga. 1903) 10
Cent. of Ga. Ry. Co. v. Dowe & Co., 65 S.E. 1091 (Ga. Ct. App. 1909) 7

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