Garrison v. Garmon

GARRISON v. GARMON, Administratrix

Garrison v. Garmon, 96 S.E.2d 550 (Ga. Ct. App. 1957)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: January 11, 1957
Docket: No. 36335
Judges: Quillian, Felton, Nichols
Citations: 96 S.E.2d 55094 Ga. App. 8681957 Ga. App. LEXIS 947

Cited by 4

Opinion — Quillian

Quillian, J.

1. “When there is any material conflict in the evidence, and where the evidence introduced, with all reasonable deductions and inferences therefrom, does not demand a particular verdict, it is error to direct a verdict.”

Peck v. Baker, 76

Ga. App.

588 (1) ( 46 S. E. 2d 751 ); Code § 110-104. The jury may accept a portion of a witness’s testimony and reject a portion.

Sappington v. Bell, 115 Ga.

856 (1) ( 42 S. E. 233 );

Burke v. State, 196 Ga.

702, 707 ( 27 S. E. 2d 313 );

Lawhon v. Henshaw, 63

Ga. App.

683 (3) ( 11 S. E. 2d 846 );

Johnson v. State, 69

Ga. App.

663 (1) ( 26 S. E. 2d 482 ). Questions of negligence, reasonable care, contributory negligence and proximate cause are *873 questions for the jury. There was some evidence in the instant case to sustain the plaintiff’s contention that the defendant’s husband was guilty of one or more acts of negligence alleged in the petition, and that the commission of such acts of negligence proximately caused the injuries sustained by the plaintiff. The trial judge erred in directing a verdict for the defendant.

2. The testimony of Mrs. Thomas J. Garmon as to her husband’s condition while in the hospital, under the peculiar facts disclosed by the record, was irrelevant and immaterial and should not have been admitted.

Judgment reversed.

Felton, C. J., and Nichols, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →

State Appellate Courts4

Relies on it most ⓘ

State v. Smith215 S.E.2d 345 (Ga. Ct. App. 1975)
State v. Betsill240 S.E.2d 781 (Ga. Ct. App. 1977)
Charter Builders, Inc. v. Sims Crane Service, Inc.256 S.E.2d 678 (Ga. Ct. App. 1979)
Hosley v. Ridley112 S.E.2d 304 (Ga. Ct. App. 1959)

Most recent

Charter Builders, Inc. v. Sims Crane Service, Inc.256 S.E.2d 678 (Ga. Ct. App. 1979)
State v. Betsill240 S.E.2d 781 (Ga. Ct. App. 1977)
State v. Smith215 S.E.2d 345 (Ga. Ct. App. 1975)
Hosley v. Ridley112 S.E.2d 304 (Ga. Ct. App. 1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Sappington v. Bell, 42 S.E. 233 (Ga. 1902)	35
	Johnson v. State, 26 S.E.2d 482 (Ga. Ct. App. 1943)	12
	Peck v. Baker, 46 S.E.2d 751 (Ga. Ct. App. 1948)	12
	Lawhon v. Henshaw, 11 S.E.2d 846 (Ga. Ct. App. 1940)	10
	Burke v. State, 27 S.E.2d 313 (Ga. 1943)	9

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