Marrs v. Sprouse., 120 Ga. App. 749, 172 S.E.2d 199 (1969)

Georgia Court Of Appeals

Status: ARGUED

Docket Number: 44844

Parts: PANNELL, Judge.

Linked as:

Summary

Judgment affirmed. Hall, P. J., and Quillian, J., concur.

Summary

Judgment affirmed. Hall, P. J., and Quillian, J., concur.

Text

Howard & Thomas, Hubert H. Howard, for appellant.

1. Where, as in the present cases, which are actions seeking recovery of damages for personal injuries, a jury for the trial of the cases is selected and immediately thereafter the court is recessed until the following morning, and no objection is made by defendant appellant to the court's failure to instruct the jury "that they should not discuss the cases among themselves, with anyone else, or allow the cases to be discussed in their presence, and that they should not accept favors from those connected with the cases," and no request is made for such instructions, and there is no showing of any improper conduct of the jury, the appellant will not be heard to complain of the failure to so instruct the jury for the first time in this court on appeal from the verdict and judgment and a new trial will not be granted on this account. See Pritchett v. State, 85 Ga. App. 785 (3) (70 SE2d 411); Calhoun v. Chappell, 117 Ga. App. 865 (3) (162 SE2d 300); Clemones v. Alabama Power Co., 107 Ga. App. 489 (1) (130 SE2d 600)), and no ruling as to the admissibility of such evidence. On the question of admissibility, see Brewer v. Henson, 96 Ga. App. 501 (100 SE2d 661); Paulk v. Thomas, 115 Ga. App. 436 (154 SE2d 872); Broyles v. Prisock, 117 Ga. App. 414 (1) (160 SE2d 677).

Richard D. Phillips, for appellees.

1969