State Farm Mutual Automobiles Insurance v. Sewell

Full title: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. SEWELL, by Next Friend

Court: Court of Appeals of Georgia

Date published: Sep 16, 1966

114 Ga. App. 331 (Ga. Ct. App. 1966)

151 S.E.2d 231

Opinion

42252.

SUBMITTED SEPTEMBER 6, 1966.

DECIDED SEPTEMBER 16, 1966. REHEARING DENIED SEPTEMBER 23, 1966.

Action on insurance policy. Hart Superior Court. Before Judge Williford.

Heard Leverett, E. Freeman Leverett, for appellant.

McClure, Ramsay Struble, Robert B. Struble, Joseph S. Skelton, for appellee.

JORDAN, Judge.

Under the decision of this court in Georgia Life c. Ins. Co. v. Sewell, 113 Ga. App. 443 (1) ( 148 S.E.2d 447), which involved the same plaintiff and the same accident and a similar policy provision, the excerpt from the charge complained of was not erroneous for any reasons enumerated, and since the evidence, differing only slightly from that in the above stated case, did not demand a verdict for the defendant the trial court did not err in denying defendant's motion for directed verdict and the subsequent motion for a new trial.

Judgment affirmed. Bell, P. J., and Eberhardt, J., concur.

SUBMITTED SEPTEMBER 6, 1966 — DECIDED SEPTEMBER 16, 1966 — REHEARING DENIED SEPTEMBER 23, 1966 — CERT. APPLIED FOR.