Goodyear Tire Rubber Company, Inc. v. Johnson

Full title: GOODYEAR TIRE RUBBER COMPANY, INC. v. JOHNSON

Court: Court of Appeals of Georgia

Date published: Feb 21, 1968

160 S.E.2d 211 (Ga. Ct. App. 1968)

160 S.E.2d 211

Opinion

43353.

ARGUED JANUARY 12, 1968.

DECIDED FEBRUARY 21, 1968.

Action for damages. Richmond Superior Court. Before Judge Kennedy.

Calhoun Kernaghan, William C. Calhoun, for appellant.

Fulcher, Fulcher, Hagler, Harper Reed, George B. Rushing, A. Montague Miller, for appellee.

BELL, Presiding Judge.

This is an appeal from the first grant of a new trial. Although the order recited that the grant was based on "each and every" ground of the motion which included several special grounds, the only question which this court will consider is whether the verdict was demanded by the law and the evidence. Glenn v. Tankersley, 187 Ga. 129 (1) ( 200 S.E. 709); Queen v. State Hwy. Dept., 100 Ga. App. 190 ( 110 S.E.2d 541). See CTC Finance Corp. v. Holden, 221 Ga. 809 ( 147 S.E.2d 427). We have examined the transcript in its entirety and conclude that the evidence did not demand the verdict. No useful purpose can be served by summarizing the evidence, but for the benefit of counsel it may be said that the evidence set out in appellee's brief was sufficient to preclude the demand of the verdict.

Judgment affirmed. Hall and Quillian, JJ., concur.

ARGUED JANUARY 12, 1968 — DECIDED FEBRUARY 21, 1968.