McRee v. Atlanta Paper Co.
| Decision Date | 22 June 1951 |
| Docket Number | No. 33496,No. 1,33496,1 |
| Citation | 84 Ga.App. 181,65 S.E.2d 832 |
| Parties | McREE v. ATLANTA PAPER CO. et al |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
In a suit in tort for damages, the incorporation in the petition of a notice to produce documentary evidence consisting of public liability insurance policies covering the operations of the defendant, alleged to be in existence and in the custody of the defendants, was improper and prejudicial. The court did not err in requiring the plaintiff to purge his petition of such improper and prejudicial matter, and in further ordering that the petition stand dismissed upon the failure of the plaintiff to do so.
E. P. McRee sued Atlanta Paper Co. and Everett I. Simpson in Fulton Superior Court for damages on account of an injury to his wife, and damage to his automobile.
[84 Ga.App. 182] Paragraph 15 of the petition was in the following language:
Exhibit 'A', referred to in paragraph 15 and annexed to the petition stated:
'All public liability insurance policies covering the operation of the Atlanta Paper Co. or Everett I. Simpson at said time and place.'
The defendants demurred to paragraph 15 and Exhibit 'A' as irrelevant and prejudicial, and as calculated to indicate to the jury that defendants were protected by liability insurance. By a separate motion they sought to purge the petition of the irrelevant and prejudicial matter. The trial judge sustained the contention of the defendants, and by appropriate order directed that the petition be rewritten within five days so as to purge it of the objectionable matter, in default of which the petition would stand dismissed. Plaintiff elected to stand upon the petition as written and excepted to the court's judgment.
Dunaway, Howard & Embry, Atlanta, for plaintiff in error.
Smith, Kilpatrick, Cody, Rogers & McClatchey, and Harry S. Baxter, all of Atlanta, for defendants in error.
'All suits in the superior courts for legal or equitable relief or both shall be by petition addressed to the court, signed by the plaintiff or his counsel, plainly, fully, and distinctly setting forth the cause of action, legal or equitable or both, the names of the persons against whom process is prayed, and the demand for legal or equitable relief or remedy or both.' Code, § 81-101.
The statute does not contemplate the incorporation of redundant, superfluous and irrelevant matters, especially matters such as 'not only have no place in legitimate pleading, but are calculated to mislead and prejudice the jury, if read in their hearing, or commented on in the argument of the case by the plaintiff.' Lampkin v. Garwood, 122 Ga. 407, 410, 50 S.E. 171, 172; Simmons v. Simmons, 32 Ga.App. 69, 71, 122 S.E. 644.
The notice to produce, as contained in the petition, sought to require the production of any policy of liability insurance covering the operations of the defendants at the time and place of the accident, which is referred to by paragraph 15 as 'documentary evidence,' and by the statement of counsel, also contained in paragraph 15,...
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Schaefer v. Mayor and Council of City of Athens
...and they were properly stricken on motion. 1 Perkins v. Publix Theatres Corp., 47 Ga.App. 641(7), 171 S.E. 147; McRee v. Atlanta Paper Co., 84 Ga.App. 181, 65 S.E.2d 832; Rodgers v. Styles, 100 Ga.App. 124(3), 110 S.E.2d 582; Shapiro Packing Co. v. Landrum, 109 Ga.App. 519, 521, 136 S.E.2d ......
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...v. Miller, 215 Ga. 413, 414, 110 S.E.2d 759; Perkins v. Publix Theatres Corp., 47 Ga.App. 641(7), 171 S.E. 147; McRee v. Atlanta Paper Co., 84 Ga.App. 181, 65 S.E.2d 832; Rodgers v. Styles, 100 Ga.App. 124, 110 S.E.2d 582; Ray Clanton's East Ga. Motors, Inc. v. Conaway, 100 Ga.App. 650, 112......
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...it is the general rule that such evidence is not only irrelevant and immaterial but harmful and prejudicial." McRee v. Atlanta Paper Co., 84 Ga.App. 181, 65 S.E.2d 832, 832 (1951). This Court has also discussed the prejudicial effect that the admission of irrelevant and immaterial evidence ......
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