Georgia Power Co. v. McCrea

• Citation: 167 S.E. 542,46 Ga.App. 279
• Decision Date: 21 January 1933
• Docket Number: 22503.
• Parties: GEORGIA POWER CO. v. McCREA et al.
• Court: United States Court of Appeals (Georgia)

167 S.E. 542

46 Ga.App. 279

GEORGIA POWER CO. v. McCREA et al.

No. 22503.

Court of Appeals of Georgia, Second Division

January 21, 1933

Syllabus by the Court.

In condemnation proceeding, verdict is not excessive and does not show undue bias where amply authorized by evidence.

In condemnation proceeding, burden of proof was on condemnor.

In condemnation proceeding, charge authorizing jury to consider all evidence regarding market value of land taken and remainder and apply law charged and form their own opinion held proper.

In condemnation proceeding, failure to charge, without timely written request, that all condemnor was asking was easement held not error, where entire evidence and charge clearly showed nature of taking.

1. A verdict of the jury in a condemnation proceeding is not excessive, and does not show undue bias, when amply authorized by the evidence in the case.

2. The burden of proof was on the condemnor in this case, and the court did not err in so charging the jury. Streyer v Georgia S. & F. R. Co., 90 Ga. 56(1), 15 S.E. 637.

3. The charge of the court complained of was adjusted to the issues of law and fact in the case, and was not error for any reason assigned.

4. The failure of the court to charge the jury that the condemnor was only seeking an easement in the lands of the plaintiff was not error, where from the evidence and the entire charge the jury could clearly ascertain that this was all the power company was seeking to condemn; and especially is this so in the absence of a timely written request so to charge.

Error from Superior Court, Putnam County; James B. Park, Judge.

Condemnation proceeding by the Georgia Power Company against Mrs. Clyde McCrea and others. Judgment for condemnees, condemnor's motion for a new trial was overruled, and condemnor brings error.

Affirmed.

Roberts & Roberts, of Monroe, Colquitt, Parker, Troutman & Arkwright of Atlanta, and M. F. Adams, of Eatonton, for plaintiff in error.

Chas W. Walker and Ryals, Anderson & Anderson, all of Macon, for defendants in error.

SUTTON J.

In the preceding case of McCrea v. Georgia Power Co. (Ga.App.) 167 S.E. 540, upon the rendition of a verdict in favor of the condemnee for $48.40 for the land actually taken, and for $1,499.04 for consequential damages, the power company filed a motion for new trial. The court overruled the motion and the power company excepted.

1. The verdict in this case is not so large and excessive as to show undue bias. In condemnation proceedings the condemnor is liable not only for direct damages for the actual land taken for the public use, but in addition thereto for all consequential damages which naturally and proximately flow from the taking of the land to the remainder of the parcel or tract of land not taken as tend to diminish its market value. The verdict was for $48.40 direct damages for the 2.42 acres of land actually taken. The evidence authorized the jury to find that at the time...