Jones Et Al. v. Parrott, by Next Friend., 111 Ga. App. 750, 143 S.E.2d 393 (1965)

Georgia Court Of Appeals, (April 05, 1965)

Docket number: 41257
ARGUED

JORDAN, Judge. - ARGUED
Permanent Link: http://vlex.com/vid/jones-et-v-parrott-next-friend-20489869
Id. vLex: VLEX-20489869

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Summary:

Judgment affirmed. Felton, C. J., and Russell, J., concur.

Citations:

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Cited by:

Georgia Court Of Appeals - Telligman Et Al. v. Monumental Properties, Inc., 172 Ga. App. 783, 323 S.E.2d 888 (1984)

Supreme Court of Georgia - WATERS v. THE STATE., 248 Ga. 355, 283 S.E.2.d 238

Georgia Court Of Appeals - Bowens v. The State., 116 Ga. App. 577, 158 S.E.2d 420 (1967)

Georgia Court Of Appeals - Rielli v. The State., 174 Ga. App. 220, 330 S.E.2d 104 (1985)

Georgia Court Of Appeals - Anderson v. The State., 236 Ga. App. 679, 513 S.E.2d 235 (1999)

Supreme Court of Georgia - CAGLE v. THE STATE., 256 Ga. 415, 349 S.E.2.d 717 (1986)

Text:

Powell, Goldstein, Frazer & Murphy, Edward E. Dorsey, John T. Marshall, for plaintiffs in error.

This was a suit to recover damages for personal injuries sustained by the plaintiff when the automobile in which she was riding was involved in an intersection collision with an automobile operated by the defendant Douglas Edward Jones. The jury returned a verdict for the plaintiff and the defendants filed a motion for new trial which was denied. The exception is to that judgment. Held:

1. Special ground 4 of the amended motion for new trial which complains of the refusal of the trial court to strike a prospective juror for cause does not require consideration by this court since it does not appear that the defendants in removing this juror by peremptory challenge were thereby compelled to exhaust their peremptory challenges so that they could not challenge other objectionable jurors, if any. Robinson v. Murray, 98 Ga. App. 482 (4), 489 (106 SE2d 417, 79 ALR2d 539). The question propounded in this case did not meet these requirements but it cannot be said that the trial court committed reversible error in allowing same as it is not shown that the defendants were harmed or prejudiced thereby. The particular juror being questioned responded that he would be hesitant in returning a verdict for that amount and the verdict rendered by the jury was considerably less than that sum.

3. Special ground 7 contends that the court erred in not granting a mistrial because a witness for the plaintiff, also involved in the same collision, answered in the affirmative when asked if she had been paid for the damages done to her car at that time. After the motion was made, the trial court instructed the jury not to consider the testimony upon which the motion was predicated, and thereafter the motion for mistrial was not renewed or any further objection made.

"When a motion for mistrial is made and the trial court instructs the jury not to consider the alleged error upon which the motion is based, and counsel neither requests further instruction nor renews the motion for mistrial, the assignment of error based on the denial of the motion for a mistrial is without merit." Kendrick v. Kendrick, 218 Ga. 460 (4) (128 SE2d 496); Purcell v. Hill, 220 Ga. 663 (141 SE2d 152); Atlantic C. L. R. Co. v. Smith, 107 Ga. App. 384, 386 (4) (130 SE2d 355).

Under the decision of the Supreme Court in the Kendrick case, supra, this special ground is without merit.

4. The trial court did not err, as contended in special ground 8, in concluding a charge on expert testimony with the instruction to the jury that: "You are not bound or concluded by the testimony of any witness expert or otherwise." Georgia Power Co. v. Chapman, 100 Ga. App. 463, 475 (111 SE2d 755); Dowis v. McCurdy, 97 Ga. App. 680, 698 (104 SE2d 234).

9. The verdict was authorized by the evidence and the general grounds of the motion for new trial are without merit.

Reeves & Collier, Merrell Collier, contra.

1965

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