Goodyear Tire & Rubber Co. v. Johnson, 43353
| Decision Date | 21 February 1968 |
| Docket Number | No. 2,No. 43353,43353,2 |
| Citation | 160 S.E.2d 211,117 Ga.App. 278 |
| Court | Georgia Court of Appeals |
| Parties | GOODYEAR TIRE & RUBBER COMPANY, Inc. v. Josh B. JOHNSON |
Calhoun & Kernaghan, William C. Calhoun, Augusta, for appellant.
Fulcher, Fulcher, Hagler, Harper & Reed, George B. Rushing, A. Montague Miller, Augusta, for appellee.
Syllabus Opinion by the Court
This is an appeal from the first grant of a new trial. Although the order recited that the grant was based on 'each and every' ground of the motion which included several special grounds, the only question which this court will consider is whether the verdict was demanded by the law and the evidence. Glenn v. Tankersley, 187 Ga. 129(1), 200 S.E. 709; Queen v. State Highway Dept., 100 Ga.App. 190, 110 S.E.2d 541. See CTC Finance Corp. v. Holden, 221 Ga. 809, 147 S.E.2d 427. We have examined the transcript in its entirety and conclude that the evidence did not demand the verdict. No useful purpose can be served by summarizing the evidence, but for benefit of counsel it may be said that the evidence set out in appellee's brief was sufficient to preclude the demand of the verdict.
Judgment affirmed.
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...and the law and facts require the verdict notwithstanding the granting of the motion by the trial court. See Goodyear Tire, etc., Co. v. Johnson, 117 Ga.App. 278, 160 S.E.2d 211; Martin v. Denson, 117 Ga.App. 288, 160 S.E.2d 210; Berman v. Berman, 231 Ga. 216, 217-218(3), 200 S.E.2d Plainti......
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Goodyear Tire & Rubber Co. v. Johnson
...or was an accident pure and simple. This is the second apearance of the case in this court. See Goodyear Tire & Rubber Company v. Johnson, 117 Ga.App. 278, 160 S.E.2d 211. On the first trial the jury returned a verdict in favor of the defendant and the trial court granted the plaintiff a ne......
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...was demanded by the law and the evidence. Queen v. State Highway Department, 100 Ga.App. 190, 110 S.E.2d 541; Goodyear Tire & Rubber Co. v. Johnson, 117 Ga.App. 278, 160 S.E.2d 211. An examination of the transcript shows a definite conflict in the evidence as to the value of the land taken ......