No. 8160 | Ga. | Jul 20, 1931

Hill, J.

1. An exception based upon the refusal of the court to award a nonsuit will not be considered, where, subsequently thereto, the case is submitted to the jury and, a verdict being rendered against the defendant, a motion for new trial is made which presents the complaint that the verdict is contrary to the evidence and without evidence to support it. Where a motion for new trial is based upon this ground, the' court will review the sufficiency of the evidence as a whole, in the light of the verdict, and will not merely consider the sufficiency of the plaintiff’s case to withstand a motion for nonsuit at the proper stage at which the motion was made. Atlantic &c. R. Co. v. Blalock, 8 Ga. App. 44 (68 *128S. E. 743); Farmers Union Warehouse &c. Co. v. Stewart, 138 Ga. 733 (75 S.E. 1131" court="Ga." date_filed="1912-09-28" href="https://app.midpage.ai/document/rogers-v-brown-5578672?utm_source=webapp" opinion_id="5578672">75 S. E. 1131).

No. 8160. July 20, 1931.

2. The Supreme Court will not reverse a refusal to direct a verdict. Central of Ga. Ry. Co. v. Mote, 131 Ga. 166 (62 S.E. 164" court="Ga." date_filed="1908-07-24" href="https://app.midpage.ai/document/central-of-georgia-railway-co-v-mote-5576420?utm_source=webapp" opinion_id="5576420">62 S. E. 164).

3. Under the ruling made when this case was formerly before this court, it was not error to admit in evidence the letter referred to in special ground 1 of the motion for new trial. Hardin v. Rubin, 169 Ga. 608 (151 S.E. 31" court="Ga." date_filed="1929-12-16" href="https://app.midpage.ai/document/hardin-v-rubin-5587661?utm_source=webapp" opinion_id="5587661">151 S. E. 31) ; Civil Code (1910), § 5763.

4. The evidence authorized the verdict for the plaintiff.

5. The court did not err in refusing a new trial.

Judgment affirmed.

All the Justices concur. A. N. Durden, A. R. Ross, and D. D. Smith, for plaintiff in error. J. H. Milner and Will Ed Smith, contra. •
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