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Lawskills.com Georgia Caselaw
GEORGIA POWER COMPANY v. OWENS; and vice versa.
46159.
46160.
STOLZ, Judge.
Action for damages. Bibb Superior Court. Before Judge Morgan.
EVANS, Judge, concurring specially.
1. The defendant company appealed from the overruling of its motion for directed verdict, the judgment on the verdict, the overruling of its motion for judgment n.o.v., and the overruling of its motion for new trial as amended. This court reversed only the overruling of the motions for directed verdict and for judgment n.o.v., and dismissed the cross appeal. Georgia Power Co. v. Owens, 124 Ga. App. 660 (186 SE2d 294).
The Supreme Court granted certiorari and reversed the judgment of this court, holding that "there was ample evidence to support the jury's verdict," "that the trial court properly overruled the defendant's motions for directed verdict and for judgment notwithstanding the verdict; and also that the Court of Appeals erred in overruling the trial court's judgment." Owens v. Georgia Power Co., 229 Ga. 281 (190 SE2d 897).
This constituted an affirmance of the trial court's overruling of the defendant's motions for directed verdict, for judgment n.o.v., and for a new trial on the general grounds; the special grounds, not having been raised in the petition for certiorari, presumably were not considered by the Supreme Court, pursuant to its Rule 37 (c) (226 Ga. 923).
For the above reasons, the judgment of reversal entered by this court is hereby vacated and the judgment of the trial court is hereby affirmed.
Inasmuch as I dissented from the majority opinion of the Court of Appeals when this case was first heard and considered (see Georgia Power Co. v. Owens. 124 Ga. App. 660 (186 SE2d 294)), and in view of the Supreme Court's reversal of the majority. I most enthusiastically concur in the present opinion and judgment, affirming the lower court.
Shi & Raley, Trammell F. Shi, F. Robert Raley, for appellee.
Jones, Cork, Miller & Benton, Wallace Miller, Jr., for appellant.
DECIDED SEPTEMBER 14, 1972 -- REHEARING DENIED OCTOBER 13, 1972 -- CERT. APPLIED FOR.
Friday May 22 14:39 EDT


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