From Casetext: Smarter Legal Research

Robertson v. Georgia Power Company

Court of Appeals of Georgia
Apr 4, 1973
197 S.E.2d 924 (Ga. Ct. App. 1973)

Opinion

47993.

ARGUED MARCH 6, 1973.

DECIDED APRIL 4, 1973.

Condemnation of land. Coweta Superior Court. Before Judge Knight.

Haas, Holland, Levison Gibert, Richard N. Hubert, for appellant.

Sanders, Mottola, Haugen, Wood Goodson, Charles Van S. Mottola, for appellee.


The condemnee appeals from the judgment following an appeal from the award of a special master and from the denial of his motion for a new trial.

None of the condemnee's alleged errors were objected to in the court below and are therefore not subject to appellate review, with only one exception discussed below. Ocilla Truck c. Co. v. Nolan, 124 Ga. App. 417 ( 184 S.E.2d 48); Stiles v. Seagraves, 124 Ga. App. 389 ( 184 S.E.2d 45).

The condemnee contends that even though there was neither a request for nor any objection to the failure of the court to charge certain principles concerning opinion evidence, the instructions were grossly inadequate as a matter of law and should require a new trial under Code Ann. § 70-207 (c). We see no gross miscarriage of justice here to make that section applicable. The verdict was not only within the range of testimony on value, but was also virtually identical to the award of the special master. See Bryant v. Housing Authority of Atlanta, 121 Ga. App. 32 ( 172 S.E.2d 439).

The condemnee is left with only the issue of whether the evidence supports the verdict. It does. See also Derrick v. Rabun County, 107 Ga. App. 229 ( 129 S.E.2d 583); Roberts v. State Hwy. Dept., 54 Ga. App. 438 ( 188 S.E. 273).

Judgment affirmed. Evans and Clark, JJ., concur.


ARGUED MARCH 6, 1973 — DECIDED APRIL 4, 1973.


Summaries of

Robertson v. Georgia Power Company

Court of Appeals of Georgia
Apr 4, 1973
197 S.E.2d 924 (Ga. Ct. App. 1973)
Case details for

Robertson v. Georgia Power Company

Case Details

Full title:ROBERTSON v. GEORGIA POWER COMPANY

Court:Court of Appeals of Georgia

Date published: Apr 4, 1973

Citations

197 S.E.2d 924 (Ga. Ct. App. 1973)
197 S.E.2d 924

Citing Cases

Johnson v. Heifler

Even when he appeared before the trial court to argue his motion for reconsideration, the appellant made no…

Gerdine v. State

We find this evidence sufficient indicia of ownership to withstand an objection for the first time at the…