Legal Opinion

City Motor Exchange v. Ballinger

Court of Appeals of Georgia

Decided October 16, 1964No. 40764PublishedCited by 5 opinions

1Opinion of the Court

Bell, Presiding Judge.

1. The issue to be decided in this appeal is whether the trial judge or the jury shall determine the amount of punitive damages to be awarded a plaintiff in a jury trial.

The judgment of the trial court denying the defendant’s motion for new trial contains the following relevant recitals: “The court indicated at the hearing that if the plaintiff would agree to reduce the exemplary damages from $4,000 to $1,500 the motion for new trial would be overruled, otherwise it would be granted on account of the amount found by the jury being excessive. . . Counsel for plaintiff has…

2Cases cited14 opinions

  1. Central of Georgia Railway Co. v. PerkersonSupreme Court of Georgia · 1901
  2. Holland v. WilliamsCourt of Appeals of Georgia · 1908
  3. Savannah, Florida & Western Railway v. HarperSupreme Court of Georgia · 1883
  4. Seaboard Air-Line Railway v. BishopSupreme Court of Georgia · 1909
  5. Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1907

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

3Cited by5 opinions

  1. Wilson v. DunawayCourt of Appeals of Georgia · 1965
  2. McDonald v. McDonaldSupreme Court of Georgia · 1972
  3. Curtis Publishing Company v. Wallace Butts, Wallace Butts v. Curtis Publishing CompanyCourt of Appeals for the Fifth Circuit · 1965
  4. Curtis Publishing Company v. Wallace Butts, Wallace Butts v. Curtis Publishing CompanyCourt of Appeals for the Fifth Circuit · 1965
  5. Ford Motor Credit Co. v. HitchcockCourt of Appeals of Georgia · 1967

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