Newman v. Travelers Insurance
Newman v. Travelers Insurance
Opinion of the Court
This is a suit to recover under a casualty insurance policy for damages to the roof of plaintiff s house. The case was tried by the court and a judgment was entered for defendant.
Plaintiff testified that during a severe ice storm in January 1973, a tree fell on and damaged about one-third of the garage roof, with several tree branches falling on the main roof over the dining room area of plaintiffs home; that prior to this storm he had noticed no evidence that the roof of the house leaked. Plaintiff had the debris removed and had a roofer repair the garage roof. A claim for those
The trial court erred in not permitting this witness to testify. Plaintiffs counsel made known to the court the substance of witness’ testimony and it appears to be relevant to inquiry as to whether the roof was damaged by the falling tree as urged by plaintiff and to show that the roof had not been defectively constructed in the first instance and on the issue of damages. The fact that the inspection was performed 4 years after the storm would only go to its weight but not to its admissibility. Howard v. State Hwy. Dept., 117 Ga. App. 280 (160 SE2d 204). Defendant argues that error was harmless as the evidence demands a finding for defendant. CPA § 61 (Code Ann. § 81A-161). To the contrary the evidence, while it would authorize a finding for defendant, does not demand it. Exclusion of this evidence was harmful as this error affected the substantial right of plaintiff to establish his case with apparent competent and relevant evidence. CPA § 61, supra.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.