(DOWNLOAD) "Georgia Power Co. v. Brooks" by Supreme Court of Georgia * eBook PDF Kindle ePub Free
eBook details
- Title: Georgia Power Co. v. Brooks
- Author : Supreme Court of Georgia
- Release Date : January 10, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This case is an appeal from a final judgment after a jury trial in Wilkinson Superior Court, which was an appeal to that court from an award of assessors under a statutory condemnation proceeding for an easement for an electrical transmission line right-of-way. The condemnation proceeding resulted in an award by the assessors in an amount of $12,000. Pursuant to Code § 36-601, Georgia Power Company, the condemnor and plaintiff in error here, filed an appeal to the superior court and tendered the amount of the award to the condemnee, O. L. Brooks, who is the defendant in error here. After the trial resulted in a verdict and judgment in favor of the condemnee in the amount of $12,000, the condemnor filed a motion for new trial, which was subsequently amended, and also filed a motion to set aside and vacate the verdict and judgment. The bill of exceptions here is to the judgment overruling the above motions. The general grounds of the motion for new trial are as to the excessiveness of the verdict and that the evidence fails to support the findings of the jury. The first special ground complains of the charge of the court wherein the jury were instructed to find for the condemnee the full value of the damage to the land involved, although, at that time, there existed a mineral lease in favor of Georgia Kaolin Company, which was not a party to the proceeding and would not be bound by the award of the jury. Special ground 5 is also a complaint as to an excerpt of the charge in that it was not a correct abstract principle of law. Special ground 2 assails the constitutionality of Code (Ann. Supp.) § 36-608 (Ga. L. 1945, p. 143), which authorizes a condemnee to prove the value of comparable property wheresoever situated, and to introduce in evidence the price paid by the condemnor for any comparable property acquired within two years prior to the condemnation proceeding. Special grounds 3 and 4 are complaints as to the illegal introduction of certain testimony, and statements of counsel for the condemnee made before the jury. Special ground 6 complains of the court allowing a witness to answer a hypothetical question, wherein the question assumed facts that had not been proven. Special ground 7 is a complaint as to the court's refusal to purge certain jurors from the panel of jurors; and special ground 8 is merely an argument in favor of the general grounds as to the excessiveness of the verdict. The motion to set aside and vacate the verdict and judgment is a contention by the condemnor that the judgment does not conform to the verdict and is not authorized by the verdict and, for this reason, is null and void.