West v. Fulton County
| Decision Date | 15 March 1957 |
| Docket Number | No. 1,No. 36605,36605,1 |
| Citation | 97 S.E.2d 785,95 Ga.App. 320 |
| Parties | Berta J. WEST v. FULTON COUNTY |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
In condemation proceedings the question of whether evidence as to sales of similar property is admissible lies within the sound discretion of the trial judge.
Fulton County instituted proceedings to condemn and acquire certain property belonging to Berta J. West, consisting of a house, garage and lot. Assessors were appointed and made an award, from which Berta J. West appealed to the superior court. On the trial of the case the jury returned a verdict in the sum of $5,000. Berta J. West filed a motion for new trial which was denied, and error is assigned on this judgment.
Frank A. Bowers, Atlanta, for plaintiff in error.
Horold Sheats, W. Nela Baird, Paul Anderson, Atlanta, for defendant in error.
1. Special ground 1 of the motion for new trial insists that the trial judge erred in allowing evidence as to the purchase price of three other houses. The condemness asserts that the price at which these houses sold was immaterial and irrelevant to show the value of the property in question and, further, that the three houses about which the witness testified were not property similar to that condemned. The evidence disclosed that: The property being condemned consisted of a house, garage and lot located at 820 Pulliam Street, Atlanta, Georgia; the lot upon which the house was located was 50 feet by 190 feet it was an eight room frame house, approximately 5o to 60 years old. Paul C. Maddox testified for the condemnor that: His realestate company had sold three houses at approximately the same time the house in question was condemned; the houses were located approximately a block and a half distant from the property in question; one house was a nine-room frame house which sold for $3,000; the lot on which the nine-room house was located was 47 1/2 feet by 150 feet; one house was a five-room frame house located on a lot which was 39.2 feet by 87 feet; that the five-room house and lot sold for $3,000; another of the houses was a seven-room frame house which sold for $2,500; these three houses were similar to the one in question; in his opinion the house and lot in question was worth $5,000.
Pictures of the condemnee's house and the three houses about which Paul C. Maddox testified were introduced in evidence.
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State Highway Dept. v. Rutland
...determine whether the other sale is comparable and admissible to throw light on the value of the land being condemned. West v. Fulton County, 95 Ga.App. 320, 97 S.E.2d 785; Fulton County v. Elliott, 109 Ga.App. 775, 777, 137 S.E.2d 477, reversed on other grounds Elliott v. Fulton County, 22......
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Sheppard v. Broome
...the sound discretion of the trial judge. Flemister v. Central Georgia Power Co., 140 Ga. 511, 515-516, 79 S.E. 148; West v. Fulton Co., 95 Ga.App. 320, 97 S.E.2d 785. The objection here is to the allowance in evidence of testimony elicited on cross-examination of the plaintiff's witness as ......
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City of Atlanta v. Brookins
...evidence and may be considered to throw light on the issue of the value of the property sought to be condemned. West v. Fulton County, 95 Ga.App. 320, 321, 97 S.E.2d 785; Flemister v. Central Ga. Power Co., 140 Ga. 511, 514, 79 S.E. 148; Housing Authority v. Spink, 91 Ga.App. 72, 85 S.E.2d ......
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State Highway Dept. v. Thomas, 39681
...was the value of like property, which is admissible if the trial judge determines the other property is comparable. West v. Fulton County, 95 Ga.App. 320, 321, 97 S.E.2d 785; Housing Authority of City of Calhoun v. Spink, 91 Ga.App. 72, 78, 85 S.E.2d 80. See also Globe & Rutgers Fire Ins. C......