Legal Opinion
Tallent v. McKelvey
Court of Appeals of Georgia
Decided March 23, 1962No. 39141PublishedCited by 22 opinions
1Opinion of the Court
Hall, Judge.
1. The evidence did not demand a verdict for the defendant.
2. Ground 6 complains of the charge of the court on the subject of accident. We think this charge was error. It gave the defendant the benefit of a defense not pleaded or sustained by the evidence. Since accident was not involved, “the charge on that subject was probably harmful to the plaintiff in view of the very small verdict for the plaintiff.” Riggs v. Watson, 77 Ga. App. 62, 67 (47 SE2d 900).
3. On' the general grounds of a motion for new trial a verdict in an amount not supported by the evidence must be set aside.…
2Cases cited17 opinions
- Riggs v. WatsonCourt of Appeals of Georgia · 1948
- Anglin v. City of ColumbusSupreme Court of Georgia · 1907
- Roddenberry Hardware Co. v. MerrittCourt of Appeals of Georgia · 1916
- Hamer v. WhiteSupreme Court of Georgia · 1900
- McLendon v. FloydCourt of Appeals of Georgia · 1939
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Beal v. BrauneckerCourt of Appeals of Georgia · 1987
- Powers v. PateCourt of Appeals of Georgia · 1962
- Brown v. GarciaCourt of Appeals of Georgia · 1980
- Bell v. CampCourt of Appeals of Georgia · 1964
- Karlan v. EnloeCourt of Appeals of Georgia · 1973
17 more not listed; retrieve them via the Exa API.