Pope v. Firestone Tire c. Co.

9 Citing cases

  1. Ashley v. Goss Bros

    499 S.E.2d 638 (Ga. 1998)   Cited 5 times
    In Ashley v. Goss Bros. Trucking, 269 Ga. 449 (499 S.E.2d 638) (1998), the Supreme Court reversed our decision in Goss Bros. Trucking v. Ashley, 228 Ga. App. 354, 355-357 (1) (492 S.E.2d 7) (1997), in which we reversed the judgment of the trial court and remanded for a new trial.

    Georgia law provides that harmful error does not necessarily result in every instance where an improper question goes unanswered. Pope v. Firestone Tire c. Co., 150 Ga. App. 396, 401 (5) ( 258 S.E.2d 14) (1979); see also Watson v. Ga. Federal Bank, 201 Ga. App. 192, 193 ( 410 S.E.2d 387) (1991) (unanswered question did not prejudice proceedings even though it may have been a patent attempt to introduce inadmissible evidence). Nor did the unanswered question introduce any evidence concerning appellees' wealth or their ability to pay any jury award.

  2. Kidd v. Dentsply International, Inc.

    278 Ga. App. 346 (Ga. Ct. App. 2006)   Cited 5 times

    This limitation was well within the trial court's discretion. Pope v. Firestone Tire c. Co., 150 Ga. App. 396, 398 (1) ( 258 SE2d 14) (1979).Judgment affirmed.

  3. Allison v. Keller Indus

    367 S.E.2d 70 (Ga. Ct. App. 1988)   Cited 2 times

    [Cit.]" Pope v. Firestone Tire c. Co., 150 Ga. App. 396, 399 (3) ( 258 S.E.2d 14) (1979). See also Hightower v. McIntyre, 170 Ga. App. 269, 270 (2) ( 316 S.E.2d 849) (1984).

  4. Dept. of Transp. v. Wright

    312 S.E.2d 824 (Ga. Ct. App. 1983)   Cited 10 times

    Thus, unless the trial court abused its discretion in excluding the evidence concerning the prior MARTA condemnation action on the basis that it was irrelevant to the issue of the value of the subject property, this court must affirm that ruling. MacNerland v. Johnson, 137 Ga. App. 541, 542 (1) ( 224 S.E.2d 431) (1976); Allstate Ins. Co. v. McGee, 157 Ga. App. 53, 55 (7) ( 276 S.E.2d 108) (1981); Downs v. State, 145 Ga. App. 588, 592 (3) ( 244 S.E.2d 113) (1978); Klemme Cattle Co. v. Westwind Cattle Co., 156 Ga. App. 353, 354 (1) ( 274 S.E.2d 738) (1980); Church's Fried Chicken v. Lewis, 150 Ga. App. 154, 163 ( 256 S.E.2d 916) (1979); Pope v. Firestone Tire Rubber Co., 150 Ga. App. 396, 397 ( 258 S.E.2d 14) (1949). As previously stated, the evidence which was excluded pursuant to the grant of appellees' motion in limine concerned estimates of the value of the subject property as of a date approximately two years prior to the relevant date of the instant taking.

  5. Burns v. State

    305 S.E.2d 398 (Ga. Ct. App. 1983)   Cited 19 times

    When an objection made to a question made by counsel is sustained, and instructions to disregard the question and its implications are given, a ruling for mistrial is not demanded. Lenear v. State, 239 Ga. 617, 619 (12, 13) ( 238 S.E.2d 407). Lastly, it generally is held that no harmful error occurs where no answer is given to an improper question. Pope v. Firestone Tire c. Co., 150 Ga. App. 396 ( 258 S.E.2d 14). We find no merit in this enumeration.

  6. Palmer v. Wilkins

    163 Ga. App. 104 (Ga. Ct. App. 1982)   Cited 7 times

    However, even if it was error to admit the magazine, the error was harmless because another expert witness testified that the value of the trucks was far less than what the county paid for them. The evidence here was merely cumulative and within the trial court's discretion to admit. Pope v. Firestone Tire c. Co., 150 Ga. App. 396, 397 (1) ( 258 S.E.2d 14) (1979). It is the rule generally that the allowance of illegal evidence to establish a fact is not cause for a new trial where the evidence objected to is established by other evidence.

  7. Stephen W. Brown c. Assoc. v. Gowers

    157 Ga. App. 770 (Ga. Ct. App. 1981)   Cited 42 times
    Holding that "a patient has the right to believe what he is told by his medical doctors about his condition" but submitting the question of whether plaintiff exercised ordinary care in discovering the cause of his injury to the jury

    We find none of these enumerations of error to be meritorious. See Pope v. Firestone Tire Rubber Co., 150 Ga. App. 396, 397 (1) ( 258 S.E.2d 14); Mimbs v. State, 139 Ga. App. 204, supra; Pierce v. Pierce, 241 Ga. 96, 102 (6) ( 243 S.E.2d 46). 12.

  8. Hardeman v. Marta

    277 S.E.2d 65 (Ga. Ct. App. 1981)   Cited 3 times

    "The right of cross examination is not abridged where cross examination of the witness to irrelevant matters is not permitted. The trial court has a discretion to control the right of cross examination within reasonable grounds, and the exercise of this discretion will not be controlled unless abused." Pope v. Firestone Tire c. Co., 150 Ga. App. 396, 399 ( 258 S.E.2d 14) (1979). We find no abuse of the trial court's discretion.

  9. Carolina Cas. Ins. Co. v. Davalos

    154 Ga. App. 776 (Ga. Ct. App. 1980)   Cited 8 times

    Moseley v. Moseley, 214 Ga. 137, 144 ( 103 S.E.2d 540); Sapp v. Callaway, 208 Ga. 805 ( 69 S.E.2d 734); Brannan v. State, 43 Ga. App. 231, 234 ( 158 S.E. 355)." Pope v. Firestone Tire Rubber Co., 150 Ga. App. 396, 400 ( 258 S.E.2d 14). The question also was not harmful because other testimony received without objection was substantial on the issue of Avery's responsibility for the collision.