T. C. A. Radio Tower Co. v. S. J. Durrance Co.

Court of Appeals of Georgia

T. C. A. Radio Tower Co. v. S. J. Durrance Co.

138 S.E.2d 441, 110 Ga. App. 275, 1964 Ga. App. LEXIS 596

Court of Appeals of Georgia·Decided September 21, 1964·No. 40844·Published

Opinion

Pannell, Judge.

Upon submission of the case to the trial judge without the intervention of a jury, the evidence, though conflicting, was sufficient to authorize the judgment against the defendant for the amount sued for. The fact that the evidence would also have authorized a judgment in favor of the defendant does not require a ruling that the judgment in favor of the plaintiff was not authorized. The trial judge did not err in overruling defendant’s motion for new trial containing the usual general grounds and two special grounds, which were mere elaborations of the general grounds.

Judgment affirmed.

Felton, C. J., and Frankum, J., concur. [276] Decided September 21, 1964. Sam G. Dettelbaeh, for plaintiff in error. Smith, Spears & Spears, Virgil H. Smith, contra.

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Pannell, Judge.

Upon submission of the case to the trial judge without the intervention of a jury, the evidence, though conflicting, was sufficient to authorize the judgment against the defendant for the amount sued for. The fact that the evidence would also have authorized a judgment in favor of the defendant does not require a ruling that the judgment in favor of the plaintiff was not authorized. The trial judge did not err in overruling defendant’s motion for new trial containing the usual general grounds and two special grounds, which were mere elaborations of the general grounds.

Judgment affirmed.

Felton, C. J., and Frankum, J., concur. [276] Decided September 21, 1964. Sam G. Dettelbaeh, for plaintiff in error. Smith, Spears & Spears, Virgil H. Smith, contra.

T. C. A. Radio Tower Co. v. S. J. Durrance Co., 138 S.E.2d 441, 110 Ga. App. 275, 1964 Ga. App. LEXIS 596 (Ga. Ct. App. 1964).

Pincite

138 S.E.2d 441 (T. C. A. Radio Tower Co. v. S. J. Durrance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.