Dundee Woolen Mills v. Edison

86 S.E. 414, 17 Ga. App. 245, 1915 Ga. App. LEXIS 318

Opinion

Broyles, J.

1. Under repeated rulings of this court and of the Supreme Court, an assignment of error on the overruling of a motion for a non-suit will not be considered, if the case proceeds to a verdict, and-the defendant excepts to the overruling of a motion for a new trial, on the ground that the verdict is contrary to the evidence and without evidence to support it.

2. It is never error for a judge to refuse to direct a verdict.

3. The court did not err in allowing the amendment adding a new count to the plaintiff’s petition; it did not set up a new cause of action, but only alleged a breach of the same contract in a different manner, and was not otherwise objectionable.

4. There was some evidence to sustain the verdict, and no material error appears in the charge of the court. Judgment affirmed.