Reville v. Sullivan

Court of Appeals of Georgia

Reville v. Sullivan

90 S.E.2d 609, 93 Ga. App. 23, 1955 Ga. App. LEXIS 464

CourtCourt of Appeals of Georgia

DecidedOctober 24, 1955

Docket35795

StatusPublished

Cited by4 cases

This text of 90 S.E.2d 609 (Reville v. Sullivan) 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

Reville v. Sullivan, 90 S.E.2d 609, 93 Ga. App. 23, 1955 Ga. App. LEXIS 464 (Ga. Ct. App. 1955).

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Nichols, J.

Mrs. Martha Sullivan brought an action against J. S. Reville to recover the value of her deceased husband’s life. The plaintiff’s husband died as the result of injuries received when he was riding in a motor vehicle being driven by the defendant when it collided with a pick-up truck on the night of June 26, 1953. On the trial of the case the jury returned a verdict for the plaintiff. The defendant filed a motion for new trial on the general grounds only which was denied by the trial court. It is to this judgment that the defendant excepts. Held:

When considering the general grounds of a motion for new trial this court must construe the evidence in that light which is most favorable to the verdict returned by the jury. Martin v. Hutchinson, 26 Ga. App. 24 (105 S. E. 313). Accordingly, where as here, there was some evidence to support the verdict of the jury, the judgment of the trial court denying the motion for new trial, based on the general grounds only, must be affirmed.

Judgment affirmed.

Townsend, Carlisle, and Quillian, JJ., concur. Felton, C. J., and Gardner, P. J., dissent.

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Nichols, J.

Mrs. Martha Sullivan brought an action against J. S. Reville to recover the value of her deceased husband’s life. The plaintiff’s husband died as the result of injuries received when he was riding in a motor vehicle being driven by the defendant when it collided with a pick-up truck on the night of June 26, 1953. On the trial of the case the jury returned a verdict for the plaintiff. The defendant filed a motion for new trial on the general grounds only which was denied by the trial court. It is to this judgment that the defendant excepts. Held:

When considering the general grounds of a motion for new trial this court must construe the evidence in that light which is most favorable to the verdict returned by the jury. Martin v. Hutchinson, 26 Ga. App. 24 (105 S. E. 313). Accordingly, where as here, there was some evidence to support the verdict of the jury, the judgment of the trial court denying the motion for new trial, based on the general grounds only, must be affirmed.

Judgment affirmed.

Townsend, Carlisle, and Quillian, JJ., concur. Felton, C. J., and Gardner, P. J., dissent.

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Bluebook (online)

90 S.E.2d 609, 93 Ga. App. 23, 1955 Ga. App. LEXIS 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reville-v-sullivan-gactapp-1955.

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