State Highway Department v. Tift
State Highway Department v. Tift
Opinion of the Court
1. A jury verdict was rendered in favor of the condemnee in this condemnation case against the condemnor. Its motion for a new trial on 2 special grounds and the general grounds was denied, -¡which judgment is assigned as error.
“An error in the-rejection of testimony of a witness at one stage of -a proceeding is harmless if substantially the same evidence is by the same witness given elsewhere in the trial, and allowed to remain before -the jury.” City of LaGrange v. Cotter, 29 Ga. App. 577 (3) (116 S. E. 204). See also Southern Ry. Co. v. Hardeman, 130 Ga. 222 (1) (60 S. E. 539). Both special grounds of the amendment to- the motion for new trial here assign error on the court’s sustaining -an objection to the following question: “Let’s assume some of that land does not have all that depth all the way back—that it doesn’t go- but half way back, would that affect your valuation on the land per foot?” The court ruled: “He may answer that question if counsel desires to point out what lands the assumption includes that do not extend back from U. S. Highway 82 to-the railroad ... I will sustain the objection ... If counsel wishes to reframe his question to- embody the true facts, I will permit him to.” The witness had testified that the value of land fronting on U. S. Highway 82 was $50 to $70
2. The general grounds, not being argued or insisted upon, are treated as abandoned.
The trial court did not err in ¡denying the motion for new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.