Central of Georgia Railway Co. v. Cowart & Son

1. In a tort action brought in a justice’s court to recover for damage to personal property in an alleged amount, a plea therein-filed by the defendant, denying “liability to the plaintiff in any sum,” amounts to a denial of the amount of damage alleged by the plaintiff.

2. Testimony as to the market value of property being in the nature of opinion evidence, and its probative value being dependent on the character and intelligence of the witness and his opportunity of forming a correct judgment as to the value of the property, it is not conclusive upon the jury. Civil Code (1910), § 5875;…