Troy v. Wright Body Works, Inc.

3 Citing cases

  1. Smith v. Poteet

    127 Ga. App. 735 (Ga. Ct. App. 1972)   Cited 20 times

    When the particular language complained of states an abstract principle of law it is then necessary for examination of the record to ascertain if the complaining party has been injured by the giving of such instruction. Troy v. Wright Body Works, 109 Ga. App. 346 ( 136 S.E.2d 197); Anderson v. Southern R. Co., 107 Ga. 500 (4) ( 33 S.E. 644). "An instruction containing a correct legal principle. though inappropriate to the case, if not prejudicial to the contention of the losing party, affords no sufficient reason for granting a new trial.

  2. Bradley v. Sherwin

    139 S.E.2d 512 (Ga. Ct. App. 1964)   Cited 4 times

    FELTON, Chief Judge. 1. A special ground of a motion for a new trial complaining of the admission in evidence of testimony is not complete enough to be considered when it does not contain all of the substance of the testimony showing harmful error or refer to the pages of the record where it might be found. Troy v. Wright Body Works, Inc., 109 Ga. App. 346 (1) ( 136 S.E.2d 197). Special ground 1 is incomplete. 2.

  3. Dowis v. McCurdy

    109 Ga. App. 488 (Ga. Ct. App. 1964)   Cited 23 times
    In Dowis v. McCurdy, 109 Ga. App. 488, 491 (136 S.E.2d 389), this court held that an instruction that proof of any of the allegations of negligence "would be sufficient in so far as the proof of negligence is concerned" was not so misleading or confusing to the jury in that case as to justify the granting of a new trial, although it would have been more easily understood by adding the words in the way and manner therein alleged.

    4. "In passing on the general grounds of a motion for new trial, this court passes not on the weight but on the sufficiency of the evidence." Troy v. Wright Body Works, Inc., 109 Ga. App. 346 ( 136 S.E.2d 197), and cases cited. Suffice it to say there was sufficient evidence to authorize the verdict and the trial court did not err in overruling defendant's motion for new trial.