Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

HITER v. SHELP

Court of Appeals of Georgia.
May 13, 1975
Important Paras
Please sign up to view Important Paras.

WEBB, Judge.

"Conceding, but without deciding, that the evidence demanded a finding that the defendant was negligent and that this negligence was the proximate cause of the automobile collision, the evidence authorized but did not demand a finding that plaintiff had suffered any injury attributable to the collision. The jury is the judge of the veracity of parties and witnesses; under the evidence in this record they were authorized to disbelieve plaintiff's claim of injury as a result of the collision. Accordingly the judgment for defendant, based upon the verdict of the jury, will not be disturbed." Levine v. Nowell, 115 Ga. App. 79 ( 153 S.E.2d 729). Accord, Miller v. Dean, 113 Ga. App. 869 (1) ( 150 S.E.2d 191); Brown v. Wingard, 122 Ga. App. 544 ( 177 S.E.2d 797); Brown v. Nutter, 125 Ga. App. 449, 451 (5) ( 188 S.E.2d 133); Krasner v. Lester, 130 Ga. App. 234, 236 (3) ( 202 S.E.2d 693).

Judgment affirmed. Bell, C. J., and Marshall, J., concur.

ARGUED MAY 5, 1975 — DECIDED MAY 13, 1975.