Mccrea v. Ga. Power Co
| Decision Date | 21 January 1933 |
| Docket Number | No. 22490.,22490. |
| Citation | 46 Ga.App. 276,167 S.E. 540 |
| Parties | McCREA . v. GEORGIA POWER CO. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
1, 2. Exclusion of evidence is not error requiring the grant of a new trial, even if it be admissible upon any ground, where, under all the evidence in the case, the charge of the court, and the verdict, the exclusion of such evidence did not in any manner harm the party offering it.
3. In a condemnation proceeding, compensation for remote and speculative or merely possible damage to the remainder of a tract of land adjacent to that actually taken by condemnation is not recoverable, and evidence as to such damage is not admissible.
4. Failure to charge as requested will not require a new trial, where, under the evidence and the verdict in favor of the movant, such failure was harmless, and where the principles embodied in the requests were sufficiently covered by the general instructions of the court.
5. Evidence of similar occurrences is admitted where it appears that all the essential physical conditions on the different occasions are identical; for under such circumstances the observed uniformity of nature raises an inference that like causes will produce like results, even though there may be some dissimilarity of conditions in respect to matters which cannot reasonably be expected to have affected the result.
Error from Superior Court, Putnam County; James B. Park, Judge.
Condemnation proceeding by the Georgia Power Company against Mrs. Clyde McCrea. Judgment for condemnee in a certain amount, condemnee's motion for a new trial was overruled, and she brings error.
Affirmed.
See, also (Ga. App.) 167 S. E. 542.
Chas. W. Walker and Ryals, Anderson & Anderson, all of Macon, for plaintiff in error.
Colquitt, Parker, Troutman & Arkwright, of Atlanta, Orrin Roberts, of Monroe, and M. F. Adams, of Eatonton, for defendant in error.
This was a condemntion proceeding brought by the Georgia Power Company against Mrs. Clyde McCrea to condemn certain lands of hers in Putnam county, being 2.42 acres, a portion of a tract of 375 acres owned by Mrs. McCrea. The power company appealed from the finding of the assessors to a jury in the superior court, where a verdict was returned in favor of Mrs. McCrea in the sum of $48.40 direct damages for the land to be actually taken by the power company for the purpose of backing water from its power dam over the same, and $1,499.04, for consequential damages to the remainder of the tract of land. Mrs. McCrea filed a motion for new trial, the court overruled the motion, and she excepted.
1. There is no merit in grounds 1 and 2 of the amendment to the motion for new trial. The condemnee sought to prove by her husband that the power company, through its agent, had, previous to the condemnation proceedings, offered to purchase her lands for $1S an acre, which offer she refused. By the verdict for $48.80 for the actual taking of 2.42 acres of her land, it would seem that the jury valued the condemnee's land at more than $18 an acre, in arriving at their verdict. Therefore, if this evidence was admissible for any of the reasons urged by the condemnee, its exclusion by the court was harmless to her.
2. The condemnee offered to prove by two witnesses that the unhealthy condition of her land after the power company backed its water up the creek would reduce the market value thereof a certain per cent. The court excluded this evidence. We do not think that this was harmful error. The condemnee did not offer to show by these witnesses in what manner her land would be rendered unhealthy and that such unhealthy condition would be an inevitable and proximate result of the power company's backing water up this creek....
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State Highway Dept. v. Kaylor, 40679
...Ry. & Elec. Co., 132 Ga. 537(5), 64 S.E. 563; Central Georgia Power Co. v. Mays, 137 Ga. 120(4), 72 S.E. 900; McCrea v. Georgia Power Co., 46 Ga.App. 276(3), 167 S.E. 540; 29 C.J.S. Eminent Domain § 161 p. 1029.' In Whipple v. County of Houston, 214 Ga. 532, 535, 105 S.E.2d 898, the Supreme......
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Ga. Power Co v. Mccrea
...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 ......
- McCrea v. Georgia Power Co.