Georgia Court of Appeals, 1965

Couey v. Bracewell

Couey v. Bracewell
Georgia Court of Appeals · Decided May 4, 1965 · Felton
111 Ga. App. 760

Couey v. Bracewell

Opinion of the Court

Felton, Chief Judge.

This is a companion case to Bracewell v. Bracewell, ante. The evidence authorized the jury to find that the plaintiff’s injuries were caused by the concurring acts of negligence by the joint defendants. The only ground urged in this case is that the host driver’s negligence was the sole proximate cause of the injuries sued for. The court did not err in overruling the motion of this defendant, but a new trial must be granted him upon proper application, inasmuch as the verdict was joint and a new trial is granted, to the codefendant, the plaintiff in error in the case of Bracewell v. Bracewell, ante. Smith v. Barnett, 109 Ga. App. 142 (135 SE2d 435).

The court did not err in overruling the motion for a new trial.

Judgment affirmed.

Jordan and Russell, JJ., concur. Jones & Douglas, Erie L. Jones, for plaintiff in error. B. B. Hayes, H. Dale Thompson, Smith, Swift, Currie, McGhee & Hancock, James B. Hiers, Jr., Richard H. Monk, Jr., contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.