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Hallford v. Banks

HALLFORD v. BANKS Et Al.

Hallford v. Banks, 224 S.E.2d 35 (Ga. 1976)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
March 11, 1976
Docket
No. 30735
Judges
Ingram
Citations
224 S.E.2d 35236 Ga. 4721976 Ga. LEXIS 904
Cited by 25

Opinion — Ingram

Ingram, Justice.

Plaintiff appeals from the trial court’s denial of his motion for judgment notwithstanding the verdict, or, in the alternative, for a new trial after a jury found against his contention that an unnamed semicircular road, extending from State Highway No. 198 to the New Bethel Bridge Road in Franklin County, was a public road. The issue on appeal is basically an evidentiary issue, i.e., does the evidence demand the conclusion that the road in question is a public road, or if not, did the trial court err in not granting a new trial because of insufficient evidence to support the jury verdict?

Under the trial court’s instructions, the jury was given the task of deciding from the evidence whether the road in question is a public road or not. We have reviewed the transcript of the oral and documentary evidence and cannot hold that the evidence demands a finding that this road is a public road. There is some conflict in the evidence about the origin, maintenance and character of the road that would authorize the jury to find that it is not a public road. Therefore, we hold the trial court did not err in overruling plaintiffs motion for a directed verdict and subsequent motion for judgment notwithstanding the jury’s verdict. The issue here was properly one for jury determination.

See Fountain v. Bryan, 229 Ga. 120, 121 (3) ( 189 SE2d 400 ) (1972).

We also find no error in the trial court’s refusal to grant a new trial based on plaintiffs contention that the verdict is against the weight of the evidence. The evidence would authorize a verdict for the plaintiff but the trial court has denied a new trial and it has broad discretion in passing on the general grounds of a motion for new trial. When the trial court overruled plaintiffs motion for a new trial it necessarily approved the jury’s verdict as being supported by the greater weight of the evidence. Our responsibility on appeal is not to weigh the evidence and give a de novo opinion on where the greater weight of the evidence lies but merely to determine if there is sufficient evidence to authorize the trial court’s judgment. See Ridley v. State, 236 Ga. 147 (1976). We find no basis to *473 reverse the trial court in this case.

Argued February 9, 1976 Decided March 11, 1976.

Thomas M. Strickland, Gross, Stowe & Shepherd, Millard B. Shepherd, Jr., for appellant.

Andrew J. Hill, Jr., Cathey & Strain, Edward E. Strain, III, for appellees.

Judgment affirmed.

All the Justices concur.

How later courts describe this case

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

Cited by 25 cases

View all citing references →
1976: 11977: 31978: 21979: 51980: 51981: 21983: 31984: 11985: 21992: 119762026peak 1979 · 5

Relies on it most ⓘ

  1. Georgia-Carolina Brick & Tile Co. v. Brown266 S.E.2d 531 (Ga. Ct. App. 1980)
  2. Smith v. Hornbuckle232 S.E.2d 149 (Ga. Ct. App. 1977)
  3. Church's Fried Chicken, Inc. v. Lewis256 S.E.2d 916 (Ga. Ct. App. 1979)
  4. Blumenfeld v. Borenstein276 S.E.2d 607 (Ga. 1981)
  5. Bone Construction Co. v. Lewis250 S.E.2d 851 (Ga. Ct. App. 1978)
  6. Ballenger Corp. v. Dresco Mechanical Contractors, Inc.274 S.E.2d 786 (Ga. Ct. App. 1980)

Most recent

  1. Bishop Contracting Co. v. North Georgia Equipment Co.417 S.E.2d 400 (Ga. Ct. App. 1992)
  2. Department of Transportation v. Martin331 S.E.2d 45 (Ga. Ct. App. 1985)
  3. Getz Services, Inc. v. Perloe327 S.E.2d 761 (Ga. Ct. App. 1985)
  4. Williams v. Runion325 S.E.2d 441 (Ga. Ct. App. 1984)
  5. Barlow v. Veber311 S.E.2d 501 (Ga. Ct. App. 1983)
  6. Triple A Delivery Co. v. Flexi-Van Leasing, Inc.306 S.E.2d 414 (Ga. Ct. App. 1983)

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 2

DepthCaseCited by
Fountain v. Bryan, 189 S.E.2d 400 (Ga. 1972) 7
Ridley v. State, 223 S.E.2d 131 (Ga. 1976) 186

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