Smith v. Telecable of Columbus, Inc.

In this case the Court of Appeals is overruling a great number of recent cases, and holding in addition that it has no power to reverse the case presently before it although obvious error has been committed. It bases this conclusion *758on a sentence in Weinkle & Sons v. Brunswick & W. R. Co., 107 Ga. 367, 368 (33 SE 471) to the effect that, notwithstanding a new trial was granted on a single ground involving a question of law only, the appellate court may not reverse unless the verdict was required from both a legal and factual standpoint. In so doing it followed Southern R. Co. v. Higgins, 102…