31 Ga. App. 420 | Ga. Ct. App. | 1923
This was an action for the alleged seduction of the plaintiff’s daughter. A verdict was found for the plaintiff. The defendant’s motion for a new trial was overruled, and he excepted.
The court did not err in refusing a certain request to charge, which, though embodying a correct principle of law, was inapplicable to the issues as developed by the evidence; and a charge given in lieu of the one requested, though perhaps incorrect, was not prejudicial, in view of the issues so made.
Other excerpts from the charge are excepted to in the motion, but any inaccuracies therein were so slight that they could not have been harmful. It is unnecessary for us to pass upon the ground of the motion based upon alleged newly discovered evidence, the judgment being reversed for other reasons. The other assignments are without merit. The verdict found for the plaintiff was authorized -by the evidence, and a new trial is awarded solely because of error during the trial.
We are frank to say that under the issues as made in the particular ease, we do not consider that any of the errors were exceedingly grave. The trouble has been in determining whether any of them were so prejudicial as to require a new trial. We cannot escape the conclusion, however, that for the two errors noted in this and the preceding division of the opinion the defendant was entitled to a new trial.
Judgment reversed.