Champion v. Martin

On Motion for Rehearing.

Movant contends that the overruling of the motion for new trial on the general grounds, and the failure thereafter to appeal therefrom, estops the plaintiffs in their appeal here from the direction of the verdict against them which was prior to the final judgment, citing Hill v. Willis, 224 Ga. 263 (4) (161 SE2d 281) as authority. The filing of a motion for new trial on the general grounds only does not raise the question of the correctness of the direction of a verdict. Morris v. First Nat. Bank of Vidalia, 174 Ga. 848 (2) (164 SE 200); Watson v. Kvaternik Export Stave Co., 31 Ga. App. 146 (121 SE 126); W. A. Lathem & Sons v. Reinhardt, 76 Ga. App. 528 (1) (46 SE2d 631); McCullough v. McCullough, 92 Ga. App. 833 (1) (90 SE2d 100); Ford v. Ford, 203 Ga. 681 (47 SE2d 865). Since the motion for new trial brought into question only the sufficiency of the evidence as. to the $300 verdict after the court had directed the verdict against the plaintiffs on the other issues, the failure to appeal from the denial of the motion for new trial would not establish the law of the case as to the direction of the verdict deny*278ing the plaintiffs’ punitive damages and attorney’s fees. These questions were not raised in the motion for new trial.

Rehearing denied.