Charleston Western Carolina Railway Co. v. Heath

Full title: CHARLESTON WESTERN CAROLINA RAILWAY COMPANY et al. v. HEATH

Court: Court of Appeals of Georgia

Date published: Apr 23, 1963

131 S.E.2d 137 (Ga. Ct. App. 1963)

131 S.E.2d 137

Opinion

39783.

DECIDED APRIL 23, 1963.

Action for damages. Columbia Superior Court. Before Judge Anderson.

Cumming, Nixon, Eve, Waller Capers, Joseph B. Cumming, for plaintiffs in error.

Randall Evans, Jr., contra.

CARLISLE, Presiding Judge.

The judgment of this court in Charleston c. R. Co. v. Heath, 107 Ga. App. 23 ( 129 S.E.2d 92), holding that the trial judge erred in overruling a motion for a judgment notwithstanding the mistrial made by the defendant, having been reversed by the Supreme Court of Georgia on certiorari ( Charleston c. R. Co. v. Heath, 218 Ga. 786), the said judgment of this court is vacated and the judgment of the trial judge in the motion for judgment notwithstanding the mistrial in overruling said motion is affirmed in accordance with the judgment of the Supreme Court.

Judgment affirmed. Eberhardt and Russell, JJ., concur.

DECIDED APRIL 23, 1963.