Martin v. Denson
| Decision Date | 21 February 1968 |
| Docket Number | No. 43455,No. 2,43455,2 |
| Citation | 160 S.E.2d 210,117 Ga.App. 288 |
| Parties | Johnny L. MARTIN v. William G. DENSON |
| Court | Georgia Court of Appeals |
J. M. Grubbs, Jr., Marietta, for appellant.
Jean E. Johnson, Sr., Marietta, for appellee.
Syllabus Opinion by the Court
After a verdict for $800, in this negligence action, the trial court granted the plaintiff's motion for new trial on the general grounds. The defendant appeals from this judgment, contending that since the Civil Practice Act () the first grant of a motion for new trial is subject to review as an abuse of discretion by the trial court. The law prior to the Civil Practice Act, supra, was that the first grant of a new trial was not error unless the evidence demanded a verdict for the party opposing the motion. Code § 6-1608; Harper v. Green, 113 Ga.App. 557, 149 S.E.2d 163. Neither the provision of the Civil Practice Act cited by the defendant (Code Ann. § 81A-150(c)) nor any other provision changes this rule. The defendant does not contend that the evidence demanded a verdict in his favor.
The trial court did not err in granting the plaintiff's motion for new trial.
Judgment affirmed.
To continue reading
Request your trial
-
Blanchard v. Westview Cemetery, Inc.
...and the evidence does not demand a verdict and judgment for the plaintiff in any specific amount. Code Ann. § 6-1608; Martin v. Denson, 117 Ga.App. 288, 160 S.E.2d 210; Warren v. Mann, 117 Ga.App. 787, 161 S.E.2d 894; Prosser v. Horis A. Ward, Inc., 123 Ga.App. 205, 180 S.E.2d 270.' (Emphas......
-
Pierce v. Gaskins
...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 Plaintiff contends the trial court abused its discretion contending t......
-
Winn Dixie Stores, Inc. v. Whaley
...Life &c. Ins. Co., 101 Ga.App. 211(4), 113 S.E.2d 228; CTC Finance Corporation v. Holden, 221 Ga. 809, 147 S.E.2d 427; Martin v. Denson, 117 Ga.App. 288, 160 S.E.2d 210. 2. Except in clear and palpable cases, the question of what negligence, as well as whose negligence is responsible for th......
-
Edgeman v. Thomas
...Life &c. Ins. Co., 101 Ga.App. 211, 113 S.E.2d 228; CTC Finance Corp. v. Holden, 221 Ga. 809, 147 S.E.2d 427; Martin v. Denson, 117 Ga.App. 288, 160 S.E.2d 210.' Winn Dixie, Inc. v. Whaley, 127 Ga.App. 381(1), 193 S.E.2d 279. The verdict for the tenant was not demanded, and the grant of the......