lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
EVANS et al. v. BROWN.
34537.
Damages. Before Judge Nichols. Floyd Superior Court. December 19, 1952.
FELTON, J.
Where the petition to recover damages resulting from an automobile collision alleges that the reasonable market value of the automobile before the collision was $1300, and after the collision the automobile was worthless, and the prayer is for $1300, and where uncontroverted evidence shows that the automobile had a reasonable market value of $1600 before the collision and $250 thereafter, and such evidence was unobjected to, and where the only alleged error contended for is that the verdict for $1300 is unauthorized because of the variance between the pleading and the evidence. Held:
The evidence unobjected to had the effect of amending the petition to allege the values testified to, and the verdict for $1300 was authorized. Hatcher v. Seitz, 87 Ga. App. 787 (75 S. E. 2d, 273); Bland v. Davison-Paxon Co., 83 Ga. App. 468, 473 (64 S. E. 2d, 350); Napier v. Strong, 19 Ga. App. 401 (91 S. E. 579). The court did not err in overruling the motion for a new trial.
R. L. Scoggin, Maddox & Maddox, contra.
Hicks & Culbert, for plaintiff in error.
DECIDED APRIL 11, 1953.
Saturday May 23 04:08 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com