White v. Front Page, Inc.

Court of Appeals of Georgia

White v. Front Page, Inc.

268 S.E.2d 732, 154 Ga. App. 518, 1980 Ga. App. LEXIS 2261

CourtCourt of Appeals of Georgia

DecidedApril 15, 1980

Docket59190

StatusPublished

Cited by3 cases

This text of 268 S.E.2d 732 (White v. Front Page, Inc.) 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

White v. Front Page, Inc., 268 S.E.2d 732, 154 Ga. App. 518, 1980 Ga. App. LEXIS 2261 (Ga. Ct. App. 1980).

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Opinion

Sognier, Judge.

The appellant, Carol White, sustained injuries when she fell in appellee’s place of business in 1971. Appellant filed a claim in the Superior Court of Fulton County which was disposed of on summary judgment in favor of the defendant. The case was appealed and reversed. Appellant dismissed the original claim and brought a second suit based on the same occurrence. The case came on for a jury trial before the same trial judge who had granted summary judgment in the first suit. Appellant attempted to call a former officer of the appellee corporation for purposes of cross examination under Code Ann. § 38-1801. The trial court ruled that this was not permissible but that the witness could be called as an adverse witness only. Appellant subsequently decided not to call the witness at all. Appellee then moved for a directed verdict and judgment was entered in its favor. We affirm.

Appellant cites as error the trial court’s refusal to allow the former officer of the appellee corporation to be called as an agent of the corporation for purposes of cross examination. Appellant also contends that it was error for the same trial judge who had previously granted summary judgment in the case to hear the case again. However, appellant failed to raise objections at trial on either of these enumerated errors and it is well settled that this court will not consider questions raised for the first time on appeal. Foster v. Continental Cas. Co., 141 Ga. App. 415, 416 (233 SE2d 492) (1977); Federal Ins. Co. v. Oakwood Steel Co., 126 Ga. App. 479, 480 (191 SE2d 298) (1972).

Judgment affirmed.

Deen, C. J., and Birdsong, J., concur.

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Sognier, Judge.

The appellant, Carol White, sustained injuries when she fell in appellee’s place of business in 1971. Appellant filed a claim in the Superior Court of Fulton County which was disposed of on summary judgment in favor of the defendant. The case was appealed and reversed. Appellant dismissed the original claim and brought a second suit based on the same occurrence. The case came on for a jury trial before the same trial judge who had granted summary judgment in the first suit. Appellant attempted to call a former officer of the appellee corporation for purposes of cross examination under Code Ann. § 38-1801. The trial court ruled that this was not permissible but that the witness could be called as an adverse witness only. Appellant subsequently decided not to call the witness at all. Appellee then moved for a directed verdict and judgment was entered in its favor. We affirm.

Appellant cites as error the trial court’s refusal to allow the former officer of the appellee corporation to be called as an agent of the corporation for purposes of cross examination. Appellant also contends that it was error for the same trial judge who had previously granted summary judgment in the case to hear the case again. However, appellant failed to raise objections at trial on either of these enumerated errors and it is well settled that this court will not consider questions raised for the first time on appeal. Foster v. Continental Cas. Co., 141 Ga. App. 415, 416 (233 SE2d 492) (1977); Federal Ins. Co. v. Oakwood Steel Co., 126 Ga. App. 479, 480 (191 SE2d 298) (1972).

Judgment affirmed.

Deen, C. J., and Birdsong, J., concur.

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268 S.E.2d 732, 154 Ga. App. 518, 1980 Ga. App. LEXIS 2261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-front-page-inc-gactapp-1980.

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