State Farm Mutual Automobile Insurance Co. v. Sewell

Jordan, Judge.

Under the decision of this court in Georgia Life &c. Ins. Co. v. Sewell, 113 Ga. App. 443 (1) (148 SE2d 447), which involved the same plaintiff and the same accident and a similar policy provision, the excerpt from the charge complained of was not erroneous for any reasons enumerated, and *332since the evidence, differing only slightly from that in the above stated case, did not demand a verdict for the defendant the trial court did not err in denying defendant’s motion for directed verdict and the subsequent motion for a new trial.

Submitted September 6, 1966 Decided September 16, 1966 Rehearing denied September 23, 1966 Heard & Leverett, E. Freeman Leverett, for appellant. McClure, Ramsay & Struble, Robert B. Struble, Joseph S. Skelton, for appellee.

Judgment affirmed.

Bell, P. J., and Eberhardt, J., concur.