Reville v. Sullivan , 93 Ga. App. 23 ( 1955 )

Nichols, J.

Mrs. Martha Sullivan brought an action against J. S. Reville to recover the value of her deceased husband’s life. The plaintiff’s husband died as the result of injuries received when he was riding in a motor vehicle being driven by the defendant when it collided with a pick-up truck on the night of June 26, 1953. On the trial of the case the jury returned a verdict for the plaintiff. The defendant filed a motion for new trial on the general grounds only which was denied by the trial court. It is to this judgment that the defendant excepts. Held:

When considering the general grounds of a motion for new trial this court must construe the evidence in that light which is most favorable to the verdict returned by the jury. Martin v. Hutchinson, 26 Ga. App. 24 (105 S. E. 313). Accordingly, where as here, there was some evidence to support the verdict of the jury, the judgment of the trial court denying the motion for new trial, based on the general grounds only, must be affirmed.

Judgment affirmed.

Townsend, Carlisle, and Quillian, JJ., concur. Felton, C. J., and Gardner, P. J., dissent.