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Fowler-Flemister Coal Co. v. Evans

Fowler-Flemister Coal Company v. Evans

Fowler-Flemister Coal Co. v. Evans, 92 S.E. 1010 (Ga. Ct. App. 1917)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 14, 1917
Docket
No. 8160
Judges
Luke
Citations
92 S.E. 101020 Ga. App. 2001917 Ga. App. LEXIS 806
Summary
Action on contract; from Baldwin superior court—Judge Park. November 15, 1916.

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

Opinion of the Court — Luke

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Luke, J.

1. The court did not err in refusing to permit the defendant’s witness to answer the following question: “That cupping or pulling apart was not the result of any negligence on your part;” the court stating that the witness could testify to the facts, but could not testify to his conclusion that his conduct was or was not negligent.

2. When the charge of the court is considered as a whole, the instructions complained of are not subject, to the criticisms urged in the motion for a new trial. The charge was full and fair.

3. The evidence authorized the verdict, which has the approval of the trial judge.

Judgment affirmed.

Wade, G. J., and George, J., concur.

How later courts describe this case

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

1941: 11973: 119412026peak 1941 · 1

Relies on it most ⓘ

  1. Cone v. Davis17 S.E.2d 849 (Ga. Ct. App. 1941)
  2. Fishman v. State197 S.E.2d 467 (Ga. Ct. App. 1973)

Most recent

  1. Fishman v. State197 S.E.2d 467 (Ga. Ct. App. 1973)
  2. Cone v. Davis17 S.E.2d 849 (Ga. Ct. App. 1941)

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.

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