Legal Opinion · Dissent

Battey v. Savannah Transit Authority

Court of Appeals of Georgia

Decided April 23, 1971No. 46038Published

1DissentEvans, Judge

This is a tort action in which the trial judge directed a verdict for the defendant. I would reverse that judgment and therefore dissent from the majority opinion.

Where a motion for directed verdict is made, the evidence must be construed with all reasonable deductions and inferences most favorably towards the party opposing such motion. See Jones v. Mayor &c. of Athens, 105 Ga. App. 86 (1) (123 SE2d 420). And no • matter how strongly the evidence may preponderate in favor of the movant, he is not entitled to a directed verdict if, when construing all inferences and deductions most favorably…

2Cases cited14 opinions

  1. Garrett v. Royal Brothers Co.Supreme Court of Georgia · 1969
  2. Martin v. HensonCourt of Appeals of Georgia · 1957
  3. Freeman v. MartinCourt of Appeals of Georgia · 1967
  4. Wright v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1866
  5. Jones v. Mayor &C. of AthensCourt of Appeals of Georgia · 1961

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