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MOATE v. H. L. GREEN COMPANY

36460.

95 Ga. App. 493 (1957)

98 S.E.2d 185

MOATE et al. v. H. L. GREEN COMPANY.

Court of Appeals of Georgia.

Decided April 11, 1957.

Attorney(s) appearing for the Case

Martin, Snow & Grant, Joe Patterson, Jr., for plaintiff in error.

Edward F. Taylor, David L. Mincey, contra.

QUILLIAN, J.

1. There is no question that under the facts of the case as they appear from the brief of evidence a verdict for the plaintiff was not demanded, and hence the trial judge did not err in granting the defendant a new trial. The rule as stated in numerous opinions of our appellate courts is aptly stated in Wimburn v. Fiske, 140 Ga. 132 (78 S. E. 717): "There being conflicting evidence, and the verdict...

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