ATLANTIC &c. R. CO. v. GEORGIA &c. RY. CO.

35293, 35301.

91 Ga. App. 698 (1955)

87 S.E.2d 92

ATLANTIC COAST LINE R. CO. v. GEORGIA, ASHBURN, SYLVESTER & CAMILLA RY. CO.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied March 7, 1955.


Attorney(s) appearing for the Case

Peacock, Perry, Kelley & Walters, for plaintiff in error.

Wm. J. Forehand, Custer & Kirbo, contra.


QUILLIAN, J.

We will consider the assignments made in both the main and cross-bills of exceptions, and dispose of them in this opinion. The main bill of exceptions raises the question as to whether the trial court should have granted a nonsuit, that is, whether the plaintiff failed to make out a prima facie case. The cross-bill of exceptions raises the question as to whether the petition failed to set out a cause of action.

In order to appreciate properly...

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