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Lawskills.com Georgia Caselaw
DUFOUR, by Next Friend v. MARTIN et al.
43384.
HALL, Judge.
Action for damages. Wayne Superior Court. Before Judge Flexer.
The plaintiff appeals from a judgment entered upon a verdict of the jury in favor of the defendants.
2. The evidence was sufficient to support the verdict for the defendants. Questions of negligence of the defendant and negligence of the plaintiff that might prohibit or reduce the amount of plaintiff's recovery of damages were matters within the province of the jury. Phillips v. Blanton, 116 Ga. App. 743 (159 SE2d 187); Chambliss v. Felder, 116 Ga. App. 80 (156 SE2d 374). The trial court did not err in overruling the plaintiff's motions for directed verdict, for judgment notwithstanding the verdict, and for a new trial.
3. The trial court did not err as contended by the plaintiff in instructions given to the jury and refusal to give requests to charge, since the plaintiff did not before the verdict make objections distinctly stating the grounds of his objections. Appellate Practice Act of 1965 (Ga. L. 1965, pp. 18, 31; Code Ann. 70-207); Georgia Power Co. v. Maddox, 113 Ga. App. 642 (149 SE2d 393); United States Security Warehouse v. Tasty Sandwich Co., 115 Ga. App. 764 (156 SE2d 392).
Thomas & Howard, Joseph H. Thomas, Hubert Howard, for appellees.
Albert E. Butler, for appellant.
SUBMITTED JANUARY 12, 1968 -- DECIDED JANUARY 30, 1968.
Friday May 22 18:27 EDT


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