Landrum v. Swann
| Decision Date | 06 September 1910 |
| Docket Number | 2,655. |
| Citation | 68 S.E. 862,8 Ga.App. 209 |
| Parties | LANDRUM v. SWANN. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
Hearsay evidence is generally inadmissible. When it is inadmissible, it has no probative value. But, in exception to the general rule, hearsay may be primary evidence of value. "It is no objection to the evidence of a witness, testifying as to market value, that such evidence rests on hearsay." 1 Wharton, Evidence, (I), § 449.
A witness who is not an expert may, after having stated facts from which he has formed an opinion, express such opinion. The admissibility of such opinion evidence is for the court; its probative value is for the jury. The market price of an article, when expressed by a witness, is at last but the opinion of that witness, derived from his information of actual sales; and the value or market price of an article may be shown either by direct or circumstantial evidence. Atlantic Coast Line Railroad Company v. Harris, 1 Ga.App. 667, 57 S.E. 1030.
Error from Superior Court, Early County; W. C. Worrill, Judge.
Action between Sam Landrum and J. W. Swann. From the judgment, Landrum brings error. Affirmed.
B. R. Collins, for plaintiff in error.
G. D. Oliver and C. D. Russell, for defendant in error.
Judgment affirmed.
To continue reading
Request your trial
-
Georgia Power Co. v. Harwell
...by either direct or circumstantial evidence. Atlantic Coast Line R. Co. v. Harris, 1 Ga.App. 667, 669, 57 S.E. 1030; Landrum v. Swann, 8 Ga.App. 209(2), 68 S.E. 862; Farm Products Co. v. Eubanks, 29 Ga.App. 604, 607, 116 S.E. 327. On this issue, the jury 'are not absolutely bound even by th......
-
Atlantic Co. v. Farris
...circumstances as well as by direct evidence of value. See Farm Products Co. v. Eubanks, 29 Ga.App. 604, 607, 116 S.E. 327; Landrum v. Swann, 8 Ga.App. 209, 68 S.E. 862; Atlantic Coast Line R. Co. v. Harris, 1 Ga.App. 57 S.E. 1030. The plaintiff testified as to the value of each article lost......
-
Atl. Co v. Farris
...circumstances as well as by direct evidence of value. See Farm Products Co. v. Eubanks, 29 Ga.App. 604, 607, 116 S.E. 327; Landrum v. Swann, 8 Ga.App. 209, 68 S.E. 862; Atlantic Coast Line R. Co. v. Harris, 1 Ga.App. 667, 57 S.E. 1030. The plaintiff testified as to the value of each article......
-
Farm Products Co. v. Eubanks
... ... established either by direct or circumstantial evidence ... Atlantic Coast Line Railroad Co. v. Harris, 1 ... Ga.App. 667, 57 S.E. 1030; Landrum v. Swann, 8 ... Ga.App. 209 (2), 68 S.E. 862; Frost v. Powell, ... 10 Ga.App. 95 (5), 72 S.E. 719 ... Testimony ... is ... ...