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Rogers v. McElroy

Court of Appeals of Georgia
May 30, 1962
126 S.E.2d 294 (Ga. Ct. App. 1962)

Opinion

39476.

DECIDED MAY 30, 1962.

Complaint. Carroll Superior Court. Before Judge Knight.

John M. Morrow, for plaintiff in error.

Robert D. Tisinger, contra.


1. Whether or not a jury should be sent out to view property involved in litigation is a matter resting in the sound discretion of the trial court. Moore v. Macon Coca-Cola Bottling Co., 180 Ga. 335 ( 178 S.E. 711); Bibb County v. Reese, 115 Ga. 346 ( 41 S.E. 636); City of Rome v. Herron, 26 Ga. App. 39 ( 105 S.E. 379); Shahan v. American Tel. c. Co., 72 Ga. App. 749 ( 35 S.E.2d 5). See Green, Ga. Law of Evidence, § 85. The record in the instant case does not show an abuse of discretion by the trial court in denying defendant's motion that the jury be sent to view certain property involved in the controversy between the parties.

2. The evidence supports the verdict. The court did not err in overruling the defendant's motion for a new trial.

Judgment affirmed. Nichols, P. J., and Jordan, J., concur.

DECIDED MAY 30, 1962.


Summaries of

Rogers v. McElroy

Court of Appeals of Georgia
May 30, 1962
126 S.E.2d 294 (Ga. Ct. App. 1962)
Case details for

Rogers v. McElroy

Case Details

Full title:ROGERS v. McELROY

Court:Court of Appeals of Georgia

Date published: May 30, 1962

Citations

126 S.E.2d 294 (Ga. Ct. App. 1962)
106 Ga. App. 120

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