Allen v. Carter, 44481
| Decision Date | 18 June 1969 |
| Docket Number | No. 1,No. 44481,44481,1 |
| Citation | 168 S.E.2d 901,119 Ga.App. 825 |
| Parties | Tommy ALLEN v. George CARTER |
| Court | Georgia Court of Appeals |
Walter Q. Allanson, East Point, for appellant.
No appearance for appellee.
Syllabus Opinion by the Court
1. Brickle v. Ford Motor Credit Co., 117 Ga.App. 557, 161 S.E.2d 424. See also Coley v. Smith, 117 Ga.App. 822, 162 S.E.2d 216. However, since one of the enumerations of error complains of the lack of evidence to support a finding of $350 as the value of the dog sued for, that question must be considered.
2. The only evidence submitted as to the value of the dog was the price of $57.50 paid for the dog as a three-month old puppy. The dog was now sixteen months old, was a good watch dog, was entitled to be registered, and was well-cared for; that an Atlanta policeman had made an offer of $500 for the dog and the party from whom the plaintiff had purchased the dog had stated to the plaintiff that the dog was worth $500. The jury returned a verdict for $350. The testimony as to the offer made and as to the former owner's opinion was pure hearsay, and had no probative value in determining the market value of the dog. Groover v. Simmons, 161 Ga. 93(6), 129 S.E. 778. Compare Bell v. Tucker, 37 Ga.App. 254(7), 139 S.E. 573; Georgia, Florida & Alabama Rwy. Co. v. Spivey, 14 Ca.App. 157(3), 80 S.E. 678.
Judgment reversed.
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