State Highway Dept. v. Jackson, 37921
| Decision Date | 17 November 1959 |
| Docket Number | No. 37921,No. 1,37921,1 |
| Citation | 112 S.E.2d 356,100 Ga.App. 704 |
| Parties | STATE HIGHWAY DEPARTMENT v. Mrs. W. E. JACKSON |
| Court | Georgia Court of Appeals |
Syllabus by the Court
1. Under the circumstances of this case it cannot be said that the verdict of the jury is unsupported by any evidence.
2-5. None of the special grounds shows any valid reason why a new trial should be granted, and the court did not err in denying the condemnor's amended motion for a new trial.
Eugene Cook, Atty. Gen., Paul Miller, E. J. Summerour, Asst. Attys. Gen., Hugh D. Sosebee, Forsyth, for plaintiff in error.
George L. Jackson, Gray, for defendant in error.
This is a condemnation proceeding in which both the condemnor and the condemnee appealed from the award of the assessors in the amount of $3,350. At the trial of the appeal in the superior court the jury returned a verdict for $8,500, for which amount judgment was entered. The court thereafter denied the condemnor's amended motion for new trial and error is assigned thereon.
1. The condemnee testified as follows: 'In considering the value of my property and how much I have been damaged as the result of the taking by the State Highway Department, including the water damages and everything in connection with that, it is my opinion that I have been damaged $10,743.36 as a result of the State Highway Department.' Also on direct examination, she gave some details concerning the valuation of her property and the nature and amount of her consequential damages. There was no attempt on cross-examination to question her total valuation of her damages or to inquire as to the specific items and amounts which were included therein. Under these circumstances we are not prepared to say that the verdict of the jury, which is for an amount considerably less than her estimate, is unsupported by any evidence. The general grounds of the motion for new trial are therefore without merit.
2. Special grounds 1 through 4 assign error on the admission of lengthy excerpts from the testimony of the condemnee and three other witnesses in her behalf. Certain parts of the testimony were relevant and material; and since the testimony was objected to in its entirety, its admission is not ground for the grant of a new trial, although certain parts of it were irrelevant. Freeman v. Young, 147 Ga. 699(3b), 95 S.E. 236. The objection was to the evidence as a whole and some of it was admissible. The court therefore did not err in refusing to grant a new trial on these grounds. Mobley v. Bell, 177 Ga. 876, 878, 171 S.E. 701.
3. Special grounds 5 and 6 assign error on the charge of the court relative to the burden of proof and determination of the amount of damages. It is contended that portions thereof are not sound as abstract principles of law and that certain additional instructions on these subjects should have been given. 'Where a portion of the court's charge excepted to on the ground it is not correct as an abstract statement of law contains several distinct propositions of law, some of which are abstractly correct, the exception cannot be sustained.' King v. Sharpe, 96 Ga.App. 71(4), 99 S.E.2d 283, 292. 'It is well settled that, where the court charges generally on a principle of law applicable to the...
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