Wilson v. Matthews
Wilson v. Matthews
Opinion of the Court
The defendant contends that the evidence will not support the verdict because the plaintiff’s own testimony was that it was not the defendant who was attempting to pass at the time of the collision. With this contention we cannot agree. While it is true that the plaintiff’s version of how the collision occurred was contrary to the conclusion reached by the jury, there was other testimony from a different source to establish his case and support the verdict. Fowler v. Glover, 105 Ga. App. 216 (123 SE2d 903); Sears, Roebuck & Co. v. Wilson, 215 Ga. 746, 751 (113 SE2d 611).
The Encyclopedia of Georgia Law (Vol. 11, § 149, p. 391) contains an excellent discussion of the rule involved in the case sub judice: "The question as to the extent a party is bound by his own testimony has caused difficulty in the cases. It has been said to be 'one of the most troublesome questions in the law of evidence and
The overruling of the motion for a directed verdict was not error.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.