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Lawskills.com Georgia Caselaw
ALLEN v. ARTHURS et al.
39583.
RUSSELL, Judge.
Tort; automobile collision. DeKalb Superior Court. Before Judge Hubert.
2. The pleading above referred to was supported by the testimony of the defendant operator of the automobile which hid the rear of the plaintiff's automobile while the latter was waiting in a line of traffic at an intersection for the traffic light to change in his favor, her testimony being to the effect that the automobile she was driving was also stopped in the line of traffic waiting for the light to change, that she had her foot on the brake pedal, and that an unidentified automobile immediately behind her hit the rear of her car with sufficient force to push it against the rear of the plaintiff's vehicle. Under this state of facts, the defendant would not have been negligent in any manner alleged in the petition. It follows that the general grounds of the motion for new trial are without merit.
4. Grounds of a motion for new trial complaining of the erroneous admission or rejection of evidence should state the name of the witness whose testimony was objected to (Bean v. State, 29 Ga. App. 260 (2), 114 SE 915; Peeples & Shepherd v. Butler, 21 Ga. App. 310, 94 SE 278); should show what objection was made at the time the evidence was offered (Clare v. Drexler, 152 Ga. 419 (5), 110 SE 176; Hardy v. Hardy, 149 Ga. 371 (3), 100 SE 101); should show that the opposite party offered the evidence (City of Lagrange v. Cotter, 29 Ga. App. 577, 116 SE 204); should show how it was harmful to the movant (Hunter v. State, 148 Ga. 566 (2), 97 SE 523); and should set out Use testimony objected to literally or in substance (Clare v. Drexler, supra), or at least refer to the record by page number in such way that it may be identified. Objections merely on the ground that certain unidentified evidence is "irrelevant, immaterial and prejudicial" are too uncertain for consideration. Reed v. White, 207 Ga. 623 (8) (63 SE2d 597). Under these rules none of the remaining special grounds of the motion for new trial are in proper form for consideration. The trial court did not err in overruling the special demurrer to the answer and thereafter overruling the motion for new trial.
B. Hugh Burgess, Sarah Frances McDonald, contra.
Franklin B. Anderson, Barbara Bird, for plaintiff in error.
DECIDED OCTOBER 2, 1962.
Friday May 22 22:39 EDT


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