Adams v. Elbert County
Court of Appeals of Georgia
Action for damages; from city court of Elberton—Judge Tutt. October 12, 1918. The action was for injury to the plaintiff from a fall when an automobile in which he was riding struck the guard-rail of a bridge of the defendant county, and the rail, which was alleged to be rotten and unsafe, gave way and the automobile was precipitated from the bridge. The verdict was for the defendant.
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Action for damages; from city court of Elberton—Judge Tutt. October 12, 1918. The action was for injury to the plaintiff from a fall when an automobile in which he was riding struck the guard-rail of a bridge of the defendant county, and the rail, which was alleged to be rotten and unsafe, gave way and the automobile was precipitated from the bridge. The verdict was for the defendant. The extract from the charge to which exception was taken is as follows: “If you believe from the evidence in this case that the automobile in which the plaintiff was riding at the time that he alleges he was…
1Opinion of the CourtBloodworth, J.
1. When considered in connection with the entire charge of the court and in the light of the evidence, there is no error harmful to the plaintiff in the excerpt from the charge of which complaint is made in the motion for a new trial.
2. “This court, by the constitutional amendment creating it, is limited in jurisdiction to the correction of errors of law alone, and therefore has no power to grant a new trial on the ground that the verdict is strongly contrary to the weight of evidence, if there is any evidence at all to support it.” Edge v. Thomas, 9 Ga. App. 559 (71 S. E. 875); Cook v.…
2Cases cited4 opinions
- Toole v. JonesCourt of Appeals of Georgia · 1916
- Edge v. ThomasCourt of Appeals of Georgia · 1911
- McCarty v. KeysCourt of Appeals of Georgia · 1917
- Cook v. McMurriaCourt of Appeals of Georgia · 1917
3Cited by1 opinion
- Lane Drug Stores Inc. v. BrooksCourt of Appeals of Georgia · 1944