Western & Atlantic Railroad v. Price

Court of Appeals of Georgia

Western & Atlantic Railroad v. Price

152 S.E. 923, 41 Ga. App. 361, 1930 Ga. App. LEXIS 587

CourtCourt of Appeals of Georgia

DecidedApril 16, 1930

Docket20302

StatusPublished

This text of 152 S.E. 923 (Western & Atlantic Railroad v. Price) 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

Western & Atlantic Railroad v. Price, 152 S.E. 923, 41 Ga. App. 361, 1930 Ga. App. LEXIS 587 (Ga. Ct. App. 1930).

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Opinion

Broyles, C. J.

Under repeated rulings of the Supreme Court and of this court a special ground of a motion for a new trial is too defective to be considered by the reviewing court, where, in order to determine whether error was committed by the trial court, and, if so, whether the error was material, it is necessary for the court to travel outside the ground, and to examine the brief of the evidence, or the pleadings, or some other portion of the record, not incorporated in the ground nor attached thereto as an exhibit. This ruling disposes of the amendment to the motion for a new trial.

2. The evidence, while conflicting, authorized the verdict, and the refusal to grant a new trial was not error.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

Under repeated rulings of the Supreme Court and of this court a special ground of a motion for a new trial is too defective to be considered by the reviewing court, where, in order to determine whether error was committed by the trial court, and, if so, whether the error was material, it is necessary for the court to travel outside the ground, and to examine the brief of the evidence, or the pleadings, or some other portion of the record, not incorporated in the ground nor attached thereto as an exhibit. This ruling disposes of the amendment to the motion for a new trial.

2. The evidence, while conflicting, authorized the verdict, and the refusal to grant a new trial was not error.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

152 S.E. 923, 41 Ga. App. 361, 1930 Ga. App. LEXIS 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-atlantic-railroad-v-price-gactapp-1930.