Southern Ry. Co v. Adams

Decision Date20 January 1914
Docket Number(No. 5195.)
Citation14 Ga.App. 366,80 S.E. 912
PartiesSOUTHERN RY. CO. v. ADAMS.
CourtGeorgia Court of Appeals

Rehearing Denied Feb. 4, 1914.

(Syllabus by the Court.)

1. Exception to Direction of Verdict.

The direct exception to the direction of the verdict in the plaintiff's favor was not made within the time required by law. Civil Code 1910, § 6152.

2. New Trial (§ 128*)—Specifications of Error—Verdict—Evidence.

A motion for a new trial, based solely upon the general grounds, that the verdict is contrary to law and evidence, raises only the question whether there was any evidence to authorize the verdict. The fact that this verdict may have been returned by direction of the court does not alter the rule. Under such an assignment of error the court cannot determine whether this directed verdict was error; for there may have been some evidence which supported the verdict. Moody v. Southern Railway Co., 14 Ga. App. —, 80 S. E. 911, this day decided.

[Ed. Note.—For other cases, see Now Trial, Cent. Dig. §§ 257-262; Dec. Dig. § 128.*]

3. Action (§ 28*)—Appeal and Error (§ 1005*)—Waiver of Tort—Discrb: tionart Ruling—Denial of New Trial.

There being some evidence to authorize the verdict in the plaintiffs favor, the discretion of the trial judge in overruling the motion for new trial will not be disturbed. There being some evidence which would warrant a finding that the railway company wrongfully refused to deliver to the plaintiff the car of coal for the value of which the suit was brought, and wrongfully converted the coal to its own use, the plaintiff could waive the tort and sue on an implied promise to pay for the coal. While the evidence does not clearly show the value of the coal, the suit was an open account for the value, and the plaintiff testified that the account sued on was correct. This testimony, together with the other evidence in the case, was sufficient to make out a prima facie case for the plaintiff.

[Ed. Note.—For other cases, see Action. Cent. Dig. §§ 196-215; Dec. Dig. § 28;* Appeal and Error, Cent. Dig. §§ 3860-3876, 3948-3950; Dec. Dig. § 1005.*] Error from Superior Court, Hall County; J. B. Jones, Judge.

Action by J. A. Adams against the Southern Railway Company. Judgment for plaintiff, and defendant brings error. Affirmed.

C. R. Faulkner, of Bellton, and Adams & Quillian, of Gainesville, for plaintiff in error

A. C. Wheeler, of Gainesville, for defendant in error.

POTTLE, J. Judgment affirmed.

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