¶1dissenting. This was a suit for the recovery of damages for alleged personal injuries sustained by the plaintiff’s son while traveling in an automobile on a public highway. The evidence showed that the son was shot and injured by one of three men, but did not show, either directly or circumstantially, that the defendant was the person who shot him. The petition contained no allegation as to a conspiracy between the three persons, and, therefore, under the petition, the defendant was liable for his individual acts onty, and it not appearing from the evidence which one of the three persons shot the plaintiff’s son, the verdict against the defendant was unauthorized, and the court erred in overruling the motion for a new trial. I think the judgment should be reversed.
28 Ga. App. 659
Wise v. Ray
Decided June 14, 1922
Court of Appeals of Georgia · decided 1922-06-14
<p>There was some slight evidence to authorize the verdict; and, the verdict having been approved by the trial judge, this court is powerless to interfere with it because of alleged insufficiency of evidence.</p>
Cited by 5 later decisions — most recently May 1962
5 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1922-06-14
View the full empirical analysis of this case →