Gordon v. Carter

Stolz, Judge.

1. A motion for a judgment notwithstanding a mistrial is analagous to a motion for a directed verdict or motion for judgment notwithstanding the verdict in that the same can be sustained only where "[t]here is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions there from shall demand a particular verdict.” Code Ann. § 81A-150 (a) (Ga. L. 1966, pp. 609, 656, as amended).

The uncontradicted evidence showed that the plaintiff was a fare-paying passenger in the defendant Gordon’s vehicle. As such, Gordon was required to…