Testimony of the lower speed limits in towns the train passed through before the accident would tend to support the testimony that the train was traveling at an excessive rate of speed at the time of the accident in order to meet its schedule. Lovejoy v. Tidwell, 212 Ga. 750 ( 95 S.E.2d 784) (1956). A review of the entire voluminous record shows that this evidence related to the questions being tried by the jury, was not irrelevant and was correctly allowed by the trial court.
This was sufficient to admit the evidence and its relevance was addressed to the jury's determination. Lovejoy v. Tidwell, 212 Ga. 750 ( 95 S.E.2d 784) (1956). The state's witnesses were not clear as to who had possession of the knife after it was taken from the defendant.
If relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury. Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 S.E.2d 784) and cases cited. 6. Enumeration of error No. 7 complaining that the court erred in admitting evidence of the assault upon another woman than the one named in the indictment, because the State did not prove venue in that case, is without merit.
(Citations omitted.) Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 SE2d 784) (1956). (Footnote omitted.)
Shortly after the collision, the defendant was observed in a drunken state that the jury could find had not occurred between the collision and arrival at the condo where Langlois was staying, because there was insufficient time for him to become intoxicated to the degree observed in such period. Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 S.E.2d 784) (1956); Menendez v. Jewett, supra at 566-567. It was proper for the trial court to deny the motion for directed verdict where there was evidence to support a jury award of punitive damages by clear and convincing evidence.
Allen v. State, 137 Ga. App. 755, 756 ( 244 S.E.2d 834). Moreover, where the relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury. Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 S.E.2d 784); Cravey v. J. S. Gainer Pulpwood Co., 128 Ga. App. 465 (4) ( 197 S.E.2d 171)." Kelly v. Floor Bazaar, 153 Ga. App. 163, 165 ( 264 S.E.2d 697).
[Cits.]" Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 S.E.2d 784) (1956). "`The admission of evidence is a matter which rests largely within the sound discretion of the trial judge.
"It has long been the rule in this State that where the relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury." Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 S.E.2d 784); Carroll, supra. We have stated: "`In respect to the opinion testimony as to speeds, time, and distance, it has been held many times that same is very unreliable, but nevertheless, admissible.'" Harris v. Collins, 145 Ga. App. 827, 828 ( 245 S.E.2d 13).
Further, "[i]t has long been the rule in this State that where the relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury." Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 S.E.2d 784). Accord Agnor's Ga. Evid. 165, § 10-2; Green, Ga. Law of Evid. 104, § 61.
Where the relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury. Lovejoy v. Tidwell, 212 Ga. 750, 751 ( 95 S.E.2d 784); Cravey v. J. S. Gainer c.Co., 128 Ga. App. 465 (4) ( 197 S.E.2d 171). Any evidence is relevant which tends to prove or disprove any material fact which is at issue in the case, and every act or circumstance serving to elucidate or throw light upon a material issue is relevant.