Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

BURNS v. McLUCAS et al.

NICHOLS, Presiding Judge.

Mrs. Rachel K. Burns sued A. C. McLucas and J. C. Harrison, a partnership engaged in the business of selling fuel oil, to recover for damages allegedly sustained when the defendants, in delivering fuel oil to the plaintiff's residence, failed to follow instructions as to such delivery and placed the fuel oil in a storage tank which was disconnected from the oil heater which it had previously served. The oil so placed drained onto the floor of the building causing the damages sued for. The jury returned a verdict for the defendants, and the plaintiff now assigns error on the judgment overruling her motion for new trial as amended. Held:

1. "Special grounds of a motion for new trial complaining that the court failed to charge on certain controlling issues in the case, but which neither set forth in substance any pleadings or evidence raising such issues, nor refer to and identify the same by page number in the record, are too incomplete for consideration by this court. Maxwell v. Hollis, 214 Ga. 358 ( 104 S.E.2d 893); Kirby v. Whitlock-Dobbs, Inc., 97 Ga. App. 159 (3) ( 102 S.E.2d 631); Brewer v. Henson, 96 Ga. App. 501 ( 100 S.E.2d 661); Hartsfield v. Hartsfield, 87 Ga. App. 707 (2) ( 75 S.E.2d 276)." Hodges v. Gay, 100 Ga. App. 210 (1) ( 110 S.E.2d 570). Accordingly, the two special grounds of the amended motion for new trial which complained that the trial court erred in failing to charge quoted principles of law but which failed to quote, or refer by page number to, the pleadings and evidence requiring such instructions are incomplete and cannot be considered.

2. The evidence adduced on the trial did not demand a verdict for the plaintiff, and the trial court did not err in overruling her motion for new trial.

Judgment affirmed. Frankum and Jordan, JJ., concur.

DECIDED MAY 23, 1962.
Use AI to get other relevant cases.

Comments

BURNS v. McLUCAS
(May 23, 1962)