Mclendon v. City Of La Grange
| Decision Date | 06 October 1933 |
| Docket Number | No. 23052.,23052. |
| Citation | 171 S.E. 307,47 Ga.App. 690 |
| Parties | McLENDON . v. CITY OF LA GRANGE. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Error from Superior Court, Troup County; W. T. Tuggle, Judge.
Suit between M. F. McLendon and the City of La Grange. Judgment for the last-named party, the first-named party's motion for a new trial was overruled, and the first-named party brings error.
Affirmed.
J. R. Terrell, Jr., and E. T. Moon, both of La Grange, for plaintiff in error.
Lovejoy & Mayer, of La Grange, for defendant in error.
Syllabus Opinion by the Court.
1. Watkins v. Stulb, 23 Ga. App. 181 (4), 98 S. E. 94, and citations. Applying this ruling to the facts of the instant case, there is no merit in the ground of the motion for a new trial complaining of an excerpt from the charge of the court
2. "In a ground of a motion for new trial complaining of the illegal admission of evidence it must appear that the evidence was material and prejudicial to the movant, and how it was hurtful to him." (Italics ours.) Davis v. McKenzie Motor Co., 46 Ga. App. 151 (1), 166 S. E. 869, and citations. Under the foregoing ruling and the facts of the instant case, special ground 2 of the motion for a new trial raises no question for the consideration of this court.
3. Jurors are not absolutely bound to accept as correct the opinions or estimates of witnesses as to the value of property, though uncontradicted by other testimony, but have the right to consider the nature of the property involved, together with any other fact or circumstance properly within their knowledge, throwing light upon the question, and they may, by their verdict, fix either a lower or a higher value upon the property than that stated in the opinions or estimates of the witnesses. Georgia Northern Ry. Co. v. Battle, 22 Ga. App. 665 (1), 666, 97 S. E. 94, and citations. See, also, Baker v. Richmond Works, 105 Ga. 225 (1), 31 S. E. 426; McCarthy v. Lazarus, 137 Ga. 282 (2), 73 S. E. 493. Ap plying the foregoing ruling to the facts of the case at bar, this court cannot hold that the verdict was unauthorized by any evidence. Judgment affirmed.
To continue reading
Request your trial
-
Department of Transp. v. Driggers, 57424
...60(1), 150 S.E.2d 327, supra; accord, Garner v. Gwinnett County, 105 Ga.App. 714, 719, 125 S.E.2d 563. See also McLendon v. City of LaGrange, 47 Ga.App. 690(3), 171 S.E. 307; Southern v. Cobb County, 78 Ga.App. 58(2), 50 S.E.2d 226, supra; Sammons v. Copeland, 85 Ga.App. 318, 321, 69 S.E.2d......
-
Hogan v. Olivera, 52664
...in the opinions and estimates of the witnesses. See Southern v. Cobb County, 78 Ga.App. 58(2), 50 S.E.2d 226; McLendon v. City of LaGrange, 47 Ga.App. 690, 691(3), 171 S.E. 307; Sammons v. Copeland, 85 Ga.App. 318, 320-322(1), 69 S.E.2d 617; and cits. in these Generally, examination of the ......
-
Stapleton v. Kawasaki Heavy Industries, Ltd.
...reaching a net excessive award of $6,000.00.6 Southern v. Cobb County, 78 Ga.App. 58, 50 S.E.2d 226 (1948); McLendon v. City of La Grange, 47 Ga.App. 690, 171 S.E. 307 (1933); Sammons v. Copeland, 85 Ga.App. 318, 69 S.E.2d 617 (Ga.App.1952).7 An appellate court may itself order a new trial ......
-
United States v. 2,049.85 ACRES OF LAND, ETC.
...States, 69 App.D.C. 129, 99 F.2d 362, 365(3); United States v. Seufert Brothers Co., C. C., 87 F. 35, 37, 38; McLendon v. City of LaGrange, 47 Ga.App. 690, 691 (3), 171 S.E. 307, and cases cited; Tyler v. Kemp, 147 Ga. 502, 94 S.E. 1003. While a jury `has no right arbitrarily to ignore or d......