Legal Opinion

Trammell v. Williams

Court of Appeals of Georgia

Decided January 28, 1958No. 37007, 37030PublishedCited by 10 opinions

1Opinion of the Court

Quilkian, Judge.

Special ground 1 of the amended motion for a new trial assigns as error the following charge: “I charge you that when a party has evidence in his power and within his reach but fails to produce that evidence this raises a presumption that the evidence, if produced, would be prejudicial to the party who could, but did not, produce it.”

The exceptions taken to the charge were: “(a) Said principle of law had no application to the facts of this case, (b) There was no evidence before the court that there were witnesses that were not available to both parties, (c) There was no…

2Cases cited13 opinions

  1. Weinkle & Sons v. Brunswick & Western RailroadSupreme Court of Georgia · 1899
  2. Johnson v. National Life & Accident Insurance Co.Court of Appeals of Georgia · 1955
  3. Southern Railway Co. v. AcreeCourt of Appeals of Georgia · 1911
  4. Stevenson v. StateSupreme Court of Georgia · 1889
  5. Caldwell v. KnightCourt of Appeals of Georgia · 1956

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Jones v. Otis Elevator Co.Court of Appeals for the Eleventh Circuit · 1988
  2. Kirkland v. MooreCourt of Appeals of Georgia · 1973
  3. Smith v. PoteetCourt of Appeals of Georgia · 1972
  4. Meacham v. BarberCourt of Appeals of Georgia · 1987
  5. Gellis v. B. L. I. Construction Co.Court of Appeals of Georgia · 1978

5 more not listed; retrieve them via the Exa API.

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