Smith v. Maddox-Rucker Banking Co.
Supreme Court of Georgia
The Court of Appeals certified to the Supreme Court the following questions: “1. Has the judge of a trial court, upon a motion for new trial containing the usual grounds and a further general ground that the verdict is excessive, the power to set aside the verdict in-a case of libel, slander, or in other similar eases in which the sole measure of the damage is the enlightened conscience of the jury, when in his opinion the verdict is unreasonably too large, although there is…
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The Court of Appeals certified to the Supreme Court the following questions: “1. Has the judge of a trial court, upon a motion for new trial containing the usual grounds and a further general ground that the verdict is excessive, the power to set aside the verdict in-a case of libel, slander, or in other similar eases in which the sole measure of the damage is the enlightened conscience of the jury, when in his opinion the verdict is unreasonably too large, although there is nothing in the record to show that the verdict is the result of gross mistake or undue bias? “2. WTiere the jury…
1Opinion of the CourtBeck, J.
We are of the opinion that the rule announced in the case of Cox v. Grady, 132 Ga. 368 (64 S. E. 262), is comprehensive enough to embrace eases of the character of the instant case 'to which the certified questions relate. The ruling there announced answers in the affirmative the first and third questions, and requires an answer in the negative to the second question; and the scope of the discussion in the opinion and in the cases cited in the Cox ease render further argument unnecessary. We are satisfied with the reasoning.in that case and in the case of Holland v. Williams, 3 Ga. App. 636…
2Cases cited2 opinions
- Cox v. GradySupreme Court of Georgia · 1909
- Holland v. WilliamsCourt of Appeals of Georgia · 1908
3Cited by17 opinions
- National Bellas-Hess Co. v. PatrickCourt of Appeals of Georgia · 1934
- Helmly v. Savannah Office Building Co.Court of Appeals of Georgia · 1913
- Gamble v. KeyesSouth Dakota Supreme Court · 1917
- Taylor v. Associated Cab Co.Court of Appeals of Georgia · 1964
- Parks v. StevensCourt of Appeals of Georgia · 1917
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