concurring specially.
I concur in the judgment of affirmance but disagree with the method used in reaching that result. The court properly passed upon the general grounds of the motion for new trial, but should have affirmed all the other enumerations of error because the judgment overruling the motion for new trial, unexcepted to as to these special grounds, is the law of the case. The only enumeration of error pertaining to the overruling of the motion for new trial is as follows: “1. The court erred in not sustaining the motion for a new trial, as amended, of plaintiffs-in-error in that the verdict and judgment rendered in this cause in favor of defendant-in-error is contrary to the evidence and is without evidence to support it; in that the said verdict and judgment is decidedly and strongly against the weight of the evidence; and in that the said verdict and judgment is contrary to law and to the principles of justice.” The second enumeration contends: “The court erred in admitting into evidence” certain oral testimony. The third enumeration of error is that “ [t] he court erred in giving in charge to the jury defendant-in-error’s request to *499charge number 2, over objections of the plaintiff-in-error,” and sets forth the request to charge. The fourth enumeration of error complains that “[t]he court erred in giving in charge to the jury, over the objection of plaintiffs-in-error request to charge number 2, hereinabove set forth,” setting out additional reasons for such error. Enumeration of error number 5 complained that “[t]he court erred in giving in charge to the jury, over objection of plaintiffs-in-error, defendant-in-error’s request to charge number 3” in certain particulars set forth. There was no enumeration of error generally as to the overruling of the motion for new trial. The only reference to the overruling of the motion for new trial is contained in enumeration of error number 1 and that enumeration, by the express language of the appellant, is limited to the general grounds only.
I disagree with the judgment affirming on the special grounds of the motion for new trial for the same reasons given for my dissent in Dawson v. Garner, 119 Ga. App. 469. No other questions should be passed upon, as the other questions are controlled by the law of the case.
I am authorized to state that Judges Eberhardt and Quillian concur in this special concurrence.