Wilson v. Atlantic Coast Line R. Co., 42953
| Decision Date | 13 July 1967 |
| Docket Number | No. 1,No. 42953,42953,1 |
| Citation | 156 S.E.2d 463,116 Ga.App. 193 |
| Parties | A. W. WILSON v. ATLANTIC COAST LINE RAILROAD COMPANY |
| Court | Georgia Court of Appeals |
Ben T. Willoughby, Hinesville, J. L. Lee, Gerald R. Hart, Jacksonville, Fla., for appellant.
Bennett, Pedrick & Bennett, Larry E. Pedrick, Wilson G. Pedrick, Waycross, for appellee.
Syllabus Opinion by the Court
After a verdict for the defendant the plaintiff appeals from the judgment denying his extraordinary motion for new trial. The ground of the motion was that one of the jurors who tried the case was a brother-in-law of the defendant's claim agent, who assisted railroad attorneys in the preparation of the case by investigating prospective jurors and interviewing witnesses in behalf of the railroad and sat at the counsel table throughout the trial as the representative of the railroad, and that this fact was unknown and not reasonably discoverable by the plaintiff prior to the verdict. The plaintiff contends that the juror was within the sixth degree of consanguinity to the defendant's representative and disqualified by law. 'Relationship to an employee of a corporation does not in this State render a juror incompetent, as a matter of law, to serve on the trial of a case in which the corporation is a party.' Hill v. Chattanooga Ry. & Light Co., 21 Ga.App. 104(8), 93 S.E. 1027; Mars v. State, 163 Ga. 43, 44, 135 S.E. 410; Atlantic Coast Line R. Co. v. Mead, 22 Ga.App. 70, 95 S.E. 476. 'Relationship of a juror to counsel representing one of the parties in the trial of a case does not disqualify the juror, where it does not appear that the compensation of counsel for his services is contingent upon the result of the trial.' Davis v. Southern Ry. Co., 18 Ga.App. 134(1), 88 S.E. 919; Everett v. Ingram, 142 Ga. 145, 146, 82 S.E. 562; Caswell v. State, 27 Ga.App. 76, 107 S.E. 560; 50 C.J.S. Juries §§ 219, 221, pp. 958, 960; 31 Am.Jur. 168, Jury § 196.
The trial court did not err in denying the extraordinary motion for new trial.
Judgment affirmed.
To continue reading
Request your trial
-
Johnson v. Jackson, 52588
...a jury and was not hired for a fee contingent on the outcome of the case. Accordingly, no error is shown. Wilson v. Atlantic Coastline R. Co., 116 Ga.App. 193, 156 S.E.2d 463 (1967) and 2. Enumerations of error 1, 3 and 4 relate to argument of counsel, testimony and photographs admitted ove......
-
Greenfield v. Houston, 42924
... ... Chandler v. Alabama Power Co., 104 Ga.App. 521, 525, 122 S.E.2d 317; reversed ... ...
-
Parker v. Hospital Authority of City of Bainbridge and Decatur County
...to serve on the trial of a case in which the corporation is a party." (Citations and punctuation omitted.) Wilson v. Atlantic Coast Line R. Co., 116 Ga.App. 193, 156 S.E.2d 463 (1967). See also Pheil v. Southern Bell Tel. etc. Co., 201 Ga.App. 846(1), 412 S.E.2d 609 (1991). Similarly, we co......
-
Watson v. Elberton-Elbert County Hospital Authority
...in which the corporation is a party.' Hill v. Chattanooga R. etc. Co., 21 Ga.App. 104(8), 93 S.E. 1027; Wilson v. Atlantic Coast Line Railroad Co., 116 Ga.App. 193, 194, 156 S.E.2d 463. Judgment HALL, P.J., and EBERHARDT, J., concur. ...