Hodges v. Haverty, 42488

Decision Date25 January 1967
Docket NumberNo. 42488,No. 3,42488,3
Citation154 S.E.2d 276,115 Ga.App. 199
CourtGeorgia Court of Appeals
PartiesAnita P. HODGES v. J. P. HAVERTY

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Sam F. Lowe, Jr., Scott Charlton, Atlanta, for appellant.

Powell, Goldstein, Frazer & Murphy, Edward E. Dorsey, John T. Marshall, Atlanta, for appellee. Syllabus Opinion by the Court

DEEN, Judge.

1. The notice of appeal in this case recites as the judgment appealed from the overruling of the motion for a new trial, and the appellee has moved to dismiss on the ground that this is not a final judgment. Under the former law relating to the bringing of cases to this court by bill of exceptions, such judgment was considered a final judgment. Poole v. McEntire, 209 Ga. 659(1), 75 S.E.2d 20. In Munday v. Brissette, 113 Ga.App. 147(2b), 148 S.E.2d 55 it was held to be still a final judgment for purposes of appeal, and the Supreme Court, in reversing the case on its merits Brissette v. Munday, 222 Ga. 162, 149 S.E.2d 110 left undisturbed the ruling that the appeal should not be dismissed. It follows that the motion to dismiss the appeal is without merit.

2. Error is assigned on the admission in evidence over the plaintiff's objection of a written statement over her signature as to how her injuries were received. The statement differed in certain material aspects from her testimony on the trial of the case. The plaintiff admitted her signature and that she had read the statement, which was written by another, prior to signing it, but stated that it was in error, that she had signed it at the request of the interviewer for insurance purposes only, and that she was under sedation at the time. A proper foundation was laid as required by Code § 38-1803. 'A written document previously made and signed by a witness, which is contrary to his testimony, may be introduced in evidence for the purpose of impeachment on the ground of contradictory statements; and this may be done though witness admits signing the document, and testifies that most of the statements contained therein are false, where the document contains other statements whose falsity is not admitted.' Manley v. Combs, 197 Ga. 768(2), 30 S.E.2d 485.

3. The defendant pleaded that the plaintiff's injuries were caused by her own negligence or, in the alternative, that they were the result of accident unmixed with negligence. The evidence established that the defendant, a guest in the home of the plaintiff, had started his automobile and turned on his lights preparatory to leaving; that the plaintiff was standing by the window on the driver's side, and that the right front wheel of the vehicle ran over her foot. The plaintiff's testimony was that the defendant backed up and then drove the car directly at her, running over her foot. The defendant testified on the contrary that he thought she had stepped back from the...

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8 cases
  • Claybourne v. State
    • United States
    • Court of Special Appeals of Maryland
    • February 28, 2013
    ...induced by bribes, State v. Minton, 234 N.C. 716, 68 S.E.2d 844 (1952); that they were made while under sedation, Hodges v. Haverty, 115 Ga.App. 199, 154 S.E.2d 276 (1967); that they were made during a period of memory loss, State Auto. Mut. Ins. Co. v. Ropp, 7 Mich.App. 698, 153 N.W.2d 172......
  • Washington v. State
    • United States
    • Maryland Court of Appeals
    • May 27, 1982
    ...induced by bribes, State v. Minton, 234 N.C. 716, 68 S.E.2d 844 (1952); that they were made while under sedation, Hodges v. Haverty, 115 Ga.App. 199, 154 S.E.2d 276 (1967); that they were made during a period of memory loss, State Automobile Mut. Ins. Co. v. Ropp, 7 Mich.App. 698, 153 N.W.2......
  • Thomason v. Genuine Parts Co.
    • United States
    • Georgia Court of Appeals
    • November 25, 1980
    ...in other cases contradictory to his testimony on trial may be introduced in evidence for purposes of impeachment. Hodges v. Haverty, 115 Ga.App. 199(2), 154 S.E.2d 276; Manley v. Combs, 197 Ga. 768(2), 30 S.E.2d 485; Buschbaum v. Heriot, 5 Ga.App. 521, 63 S.E. 645." Krasner v. Lester, 130 G......
  • Elsberry v. Lewis
    • United States
    • Georgia Court of Appeals
    • October 22, 1976
    ...tending to impeach the witness' own testimony are admissible. Krasner v. Lester, 130 Ga.App. 234, 202 S.E.2d 693; Hodges v. Haverty,115 Ga.App. 199, 154 S.E.2d 276; Reeves v. Callaway, 140 Ga. 101(1), 78 S.E. 717; Beckworth v. State, 183 Ga. 871, 190 S.E. 184; State Highway Dept. v. Raines,......
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