TRAMMELL v. WILLIAMS

37007, 37030.

97 Ga. App. 31 (1958)

101 S.E.2d 887

TRAMMELL v. WILLIAMS; and vice versa.

Court of Appeals of Georgia.

Decided January 28, 1958.


Attorney(s) appearing for the Case

William L. Moore, for plaintiff in error.

Powell, Goldstein, Frazer & Murphy, Frank Love, contra.


QUILLIAN, Judge.

1. Special ground 1 of the amended motion for a new trial assigns as error the following charge: "I charge you that when a party has evidence in his power and within his reach but fails to produce that evidence this raises a presumption that the evidence, if produced, would be prejudicial to the party who could, but did not, produce it."

The exceptions taken to the charge were: "(a) Said principle...

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