Levine v. Nowell

Court of Appeals of Georgia

Levine v. Nowell

153 S.E.2d 729, 115 Ga. App. 79, 1967 Ga. App. LEXIS 1007

CourtCourt of Appeals of Georgia

DecidedJanuary 11, 1967

Docket42461

StatusPublished

Cited by3 cases

This text of 153 S.E.2d 729 (Levine v. Nowell) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levine v. Nowell, 153 S.E.2d 729, 115 Ga. App. 79, 1967 Ga. App. LEXIS 1007 (Ga. Ct. App. 1967).

Pincite

Opinion

Eberhardt, Judge.

Conceding, but without deciding, that the evidence demanded a finding that the defendant was negligent and that this negligence was the proximate cause of the automobile collision, the evidence authorized but.did not demand a finding that plaintiff had suffered any injury attributable to the collision. The jury is the judge of the veracity of parties and witnesses; under the evidence in this record they were authorized to disbelieve plaintiff’s claim of injury as a result of the collision. Accordingly the judgment for defendant, based upon the verdict of the jury, will [80]*80not be disturbed. Miller v. Dean, 113 Ga. App. 869 (1) (150 SE2d 191).

Felton, C. J., and Hall, J., concur. Argued January 3, 1967 Decided January 11, 1967 Rehearing denied January 23, 1967. Edenfield, Heyman & Sizemore, Newell Edenfield, Benjamin H. Oehlert, III, for appellant. Long, Weinberg & Ansley, Palmer H. Ansley, for appellee.

Judgment- affirmed.

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Eberhardt, Judge.

Conceding, but without deciding, that the evidence demanded a finding that the defendant was negligent and that this negligence was the proximate cause of the automobile collision, the evidence authorized but.did not demand a finding that plaintiff had suffered any injury attributable to the collision. The jury is the judge of the veracity of parties and witnesses; under the evidence in this record they were authorized to disbelieve plaintiff’s claim of injury as a result of the collision. Accordingly the judgment for defendant, based upon the verdict of the jury, will [80]*80not be disturbed. Miller v. Dean, 113 Ga. App. 869 (1) (150 SE2d 191).

Felton, C. J., and Hall, J., concur. Argued January 3, 1967 Decided January 11, 1967 Rehearing denied January 23, 1967. Edenfield, Heyman & Sizemore, Newell Edenfield, Benjamin H. Oehlert, III, for appellant. Long, Weinberg & Ansley, Palmer H. Ansley, for appellee.

Judgment- affirmed.

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Bluebook (online)

153 S.E.2d 729, 115 Ga. App. 79, 1967 Ga. App. LEXIS 1007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-nowell-gactapp-1967.

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