Central of Georgia Railway Company v. Brower

Full title: CENTRAL OF GEORGIA RAILWAY COMPANY v. BROWER

Court: Court of Appeals of Georgia

Date published: Jan 11, 1963

129 S.E.2d 401 (Ga. Ct. App. 1963)

129 S.E.2d 401

Opinion

39287.

DECIDED JANUARY 11, 1963.

Action for damages. Albany City Court. Before Judge Jones.

Edmund A. Landau, Jr., Farkas, Landau Davis, for plaintiff in error.

D.C. Campbell, Jr., H. G. Rawls, Burt Burt, H. P. Burt, contra.

FRANKUM, Judge.

The judgment of this court ( Central of Ga. R. Co. v. Brower, 106 Ga. App. 340, 127 S.E.2d 33), has been reversed by the Supreme Court of Georgia, and in so doing that court held that the evidence demanded a verdict for the defendant Central of Georgia Railway Company, and that the defendant's motion for a judgment notwithstanding the verdict should have been sustained. Central of Ga. R. Co. v. Brower, 218 Ga. 525 ( 128 S.E.2d 926). Therefore, the judgment of this court holding to the contrary is hereby vacated and set aside, and it is hereby ordered that the judgment of the Supreme Court be and the same is hereby made the judgment of this court. The judgment of the trial court overruling the defendant's motion for a judgment notwithstanding the verdict is hereby reversed in accordance with the judgment of the Supreme Court, and direction is given that judgment be entered for the defendant in accordance with its motion for directed verdict.

Judgment reversed with direction. Nichols, P. J., and Jordan, J., concur.

DECIDED JANUARY 11, 1963.