Worn v. Sea Cold Services, Inc.
| Decision Date | 13 June 1975 |
| Docket Number | No. 50480,No. 3,50480,3 |
| Citation | 217 S.E.2d 425,135 Ga.App. 256 |
| Parties | T. E. WORN et al. v. SEA COLD SERVICES, INC |
| Court | Georgia Court of Appeals |
Scott Walters, Jr., East Point, for appellants.
Swift, Currie, McGhee & Hiers, George W. Hart, Steve J. Davis, Atlanta, for appellee.
The plaintiffs, husband and wife, appeal from the overruling of their motion for a new trial in their action for damages arising out of a collision with the defendant company's truck, allegedly caused by the defendant's negligence.
1. Questions of negligence, contributory negligence, cause and proximate cause, whose negligence, and what negligence, including lack of care for one's own safety and lack of ordinary care in avoiding the consequences of another's negligence, are, except in plain, palpable and indisputable cases, solely for jury determination. Long Construction Co. v. Ryals, 102 Ga.App. 66(1), 115 S.E.2d 726; Wakefiled v. A. R. Winter Co., 121 Ga.App. 259, 174 S.E.2d 178.
2. If there is any evidence to sustain the verdict of a jury, this court will not disturb it. City of Jefferson v. Maddox, 116 Ga.App. 51, 55(6), 156 S.E.2d 553 and cit.
3. Every presumption and inference must be in favor of the verdict. Boatright v. Rich's, Inc., 121 Ga.App. 121(1), 173 S.E.2d 232.
4. There being evidence from which the jury could have found that the plaintiff driver was guilty of negligence which was equal to or greater than that of the driver of the...
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Davis Gas Co. v. Powell
...On appeal the evidence is construed most strongly to support and sustain the verdict and judgment of the trial court. Worn v. Sea-Cold Services, Inc., 135 Ga.App. 256(2, 3), 217 S.E.2d 425 and cits. As has been noted, there were several routes from Moultrie, Georgia, to Harold Ivey's farm n......
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Suber v. Fountain
...232. And, if there is any evidence to sustain the verdict of the jury, an appellate court will not disturb it. Worn v. Sea-Cold Services, 135 Ga.App. 256(2), 217 S.E.2d 425. These enumerations are without 2. The third and fifth enumerations contend there was no evidence to support a finding......
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Myers v. Boleman, 57846
...of another's negligence, are, except in plain, palpable and indisputable cases, solely for jury determination. See Worn v. Sea-Cold Services, 135 Ga.App. 256(1),217 S.E.2d 425 and cases cited. If there be any evidence to sustain the verdict of the jury, this court will not disturb it. City ......
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Citizens Bank of Ball Ground v. Johnson
...173 Ga.App. 432(1), 326 S.E.2d 777. Further, every presumption and inference must be in favor of the verdict. Worn v. Sea-Cold Svcs., 135 Ga.App. 256(3), 217 S.E.2d 425. Not only does the majority not follow these time-honored principles of appellate review, they have weighed the evidence u......