Williams & Templeton v. Brewer
Williams & Templeton v. Brewer
Opinion of the Court
1. “Where a party sues for specific damages he has the burden of showing the amount of loss claimed in such a way that the jury may calculate the amount of loss from the data furnished and will not be placed in a position where an allowance of the loss is based on guesswork. National Refrigerator &c. Co. v. Parmalee, 9 Ga. App. 725 (72 S. E. 191).” Studebaker Corp. v. Nail, 82 Ga. App. 779, 785 (62 S. E. 2d 198); Davis v. Price, 72 Ga. App. 565 (34 S. E. 2d 565).
2. Under the decision of the Supreme Court in which this case was transferred to this court (Williams & Templeton v. Brewer, 211 Ga. 786, 89 S. E. 2d 269), the only questions remaining for decision are whether there was a trespass and illegal cutting of the timber and what amount of damage should be assessed; and, under an application of the principle of law announced in division 1 of the present decision to the facts of the case in its present status, a verdict was demanded for the plaintiffs in error under the evidence, and the trial court, consequently, erred in deny
There was no sufficient evidence, therefore, upon which the jury could base its verdict for damages. The trial court is directed to enter verdict in accordance with the motion for a judgment notwithstanding the verdict as to St. Mary’s Kraft Corporation and to grant a motion for a new trial as to Williams & Templeton.
Judgment reversed.
070rehearing
Where, in a bill of exceptions, error is assigned upon the denial of a motion for judgment notwithstanding the verdict, and the motion for judgment notwithstanding the verdict, specified as a part of the record, recites that, prior to the motion for judgment notwithstanding the verdict, the movant’s motion for a directed verdict was refused, there is a sufficient compliance with the requirements of Code (Ann. Supp.) § 110-113 (Ga. L. 1953, Nov.-Dee. Sess., pp. 440, 444). See, in this connection, McGregor v. Third National Bank of Atlanta, 124 Ga. 557 (3) (53 S. E. 93). The court was not unmindful of the rulings in National Life &c. Ins. Co. v. Goolsby, 91 Ga. App. 361 (85 S. E. 2d 611), and Bromberg v. Drake, 91 Ga. App. 118, 122 (2) (85 S. E. 2d 160), in determining the sufficiency of the assignment of error on the judgment overruling the motion for judgment notwithstanding the verdict.
Motion for rehearing denied.
Reference
- Full Case Name
- Williams & Templeton Et Al. v. Brewer
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- Published