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WESTERN & ATLANTIC RAILROAD v. HASSLER

35541.

92 Ga. App. 278 (1955)

88 S.E.2d 559

WESTERN & ATLANTIC RAILROAD v. HASSLER.

Court of Appeals of Georgia.

Rehearing Denied June 28, 1955.

Attorney(s) appearing for the Case

Walton Whitwell, Mitchell & Mitchell, for plaintiff in error.

Pittman, Hodge & Kinney, R. Carter Pittman, J. T. Pope, Jr., contra.

QUILLIAN, J.

1. We shall, for the sake of convenience, refer to the plaintiff in error as the defendant and to the defendant in error as the plaintiff, they having occupied those respective positions in the trial court. Occasionally reference will be made to the plaintiff in error as the railroad company.

The plaintiff and defendant are in accord that the evidence demanded a verdict. That is, however, where the unanimity

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