BAILEY v. McCURRY

43229.

117 Ga. App. 755 (1968)

162 S.E.2d 31

BAILEY, Administratrix v. McCURRY.

Court of Appeals of Georgia.

Decided May 9, 1968.


Attorney(s) appearing for the Case

Alston, Miller & Gaines, Kenneth W. Gilchrist, Ronald L. Reid, for appellant.

Allen & Baker, Verlyn C. Baker, James C. Abernathy, for appellee.


HALL, Judge.

This case involves an application of the rule that, "Circumstantial evidence from which the existence of a fact might be inferred, but which did not demand a finding for the plaintiff to that effect, will not support a verdict, when by positive and uncontradicted testimony of unimpeached witnesses, which was perfectly consistent with the circumstantial evidence relied upon by the plaintiff, it was affirmatively shown that no such fact existed." Myers...

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