Hay v. Carter

HAY, Administrator, v. CARTER

Hay v. Carter, 86 S.E.2d 532 (Ga. Ct. App. 1955)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: February 15, 1955
Docket: No. 35451
Judges: Quillian, Felton, Nichols
Citations: 86 S.E.2d 53291 Ga. App. 5401955 Ga. App. LEXIS 801

Cited by 9

Opinion — Quillian

Quillian, J.

The measure of the plaintiff’s damages was the difference between the market value of the automobile immediately before and its market value immediately after the collision. This is of course established by proof of those values. The only evidence introduced upon the trial of the case concerning these values was the testimony of the plaintiff.

This testimony was merely opinion evidence as to the value of the automobile after the collision, and was not binding upon the jury in fixing the values and determining the amount the plaintiff was entitled to recover. Code § 38-1709. It was held in Birmingham Paper Company v. Holder, 24

Ga. App.

630, 632 ( 101 S. E. 692 ), that the question as to market value of an article is peculiarly for the jury and jurors are not required to accept as correct the uncontradicted opinion or estimate of a witness as to the value of property, and may by their verdict place a lower value upon the property.

For the reasons assigned, it was error for the judge to direct the verdict.

The plaintiff states .in his brief that he was not given notice prior to the certification of the bill of exceptions as required by Code (Ann. Supp.) § 6-908.1. In Georgia Southern & Fla. Ry. Co.

v. Williamson, 84

Ga. App.

167 ( 65 S. E. 2d 444 ), this court *542 held that the failure of the judge to have the defendant in error notified of his intention to certify the bill of exceptions is not a reversible error.

Judgment reversed.

Felton, C. J., and Nichols, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

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Relies on it most ⓘ

Piedmont Builders, Inc. v. Fullerton276 S.E.2d 277 (Ga. Ct. App. 1981)
State Highway Department v. Andrus95 S.E.2d 781 (Ga. 1956)
Department of Transportation v. Driggers257 S.E.2d 294 (Ga. Ct. App. 1979)
Corvair Furniture Manufacturing Co. v. Bull186 S.E.2d 559 (Ga. Ct. App. 1971)
Childs v. LOGAN MOTOR COMPANY120 S.E.2d 138 (Ga. Ct. App. 1961)
Rutledge v. Glass188 S.E.2d 261 (Ga. Ct. App. 1972)

Most recent

Piedmont Builders, Inc. v. Fullerton276 S.E.2d 277 (Ga. Ct. App. 1981)
Department of Transportation v. Driggers257 S.E.2d 294 (Ga. Ct. App. 1979)
Kaplan v. Clark Co.256 S.E.2d 55 (Ga. Ct. App. 1979)
Rutledge v. Glass188 S.E.2d 261 (Ga. Ct. App. 1972)
Corvair Furniture Manufacturing Co. v. Bull186 S.E.2d 559 (Ga. Ct. App. 1971)
Darrah v. Womack182 S.E.2d 518 (Ga. Ct. App. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Ga., Southern & Fla. Ry. Co. v. Williamson, 65 S.E.2d 444 (Ga. Ct. App. 1951)	8
	Birmingham Paper Co. v. Holder, 101 S.E. 692 (Ga. Ct. App. 1919)	6

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