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CALDWELL et al. v. SHELL et al.
56443.
BANKE, Judge.
Action for damages. Fayette Superior Court. Before Judge Miller.
This is a tort action in which the trial judge directed a verdict for the defendant/appellee at the close of all the evidence. The appellant's appeal the denial of their motion for new trial and enumerate as error the judge's entry of a directed verdict.
" 'The trial judge has no right whatever to weigh the evidence, nor to decide any issue of fact. Before he can legally direct a verdict for the defendants, he must find from the evidence that there is no evidence of any kind supporting plaintiff's position. (Cits.)' Jenkins v. Gulf States Mtg. Co., 138 Ga. App. 835, 837 (227 SE2d 522)." Russell v. Goza, 143 Ga. App. 455 (238 SE2d 583) (1977).
In his order denying the appellants' motion for new trial, the trial judge found as a matter of fact that "Plaintiff was struck by defendant's vehicle when plaintiff suddenly ran his bicycle into defendant's path at a place where the woods came right up to the pavement and blocked the view of the dirt path traveled by plaintiff. [Emphasis supplied.]" Determination of whether the defendant's view was obstructed was material to this case.
Smith, Cohen, Ringel, Kohler & Martin, Williston C. White, for appellees.
Powell, Goldstein, Frazer & Murphy, Nickolas P. Chilivis, Robert M. Travis, for appellants.
ARGUED SEPTEMBER 12, 1978 -- DECIDED DECEMBER 1, 1978.
Friday May 22 03:48 EDT


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