Mayor of Gainesville v. White
Court of Appeals of Georgia
Action for damages; from city court of Hall county — Judge Wheeler. December 31, 1920. 1. The ground referred to in the first paragraph of the decision is as follows: “Because the court erred in permitting the plaintiff, on direct examination, to testify to the jury on the trial of said case, over objection, of the defendant, made at the time, as follows : Q. How many shade trees are there on the Prior street side, .yight on the line ? A. There are quite a number right on…
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Action for damages; from city court of Hall county — Judge Wheeler. December 31, 1920. 1. The ground referred to in the first paragraph of the decision is as follows: “Because the court erred in permitting the plaintiff, on direct examination, to testify to the jury on the trial of said case, over objection, of the defendant, made at the time, as follows : Q. How many shade trees are there on the Prior street side, .yight on the line ? A. There are quite a number right on the line. Q. How many are so close they will have to be taken down, if this sidewalk is put in there 6 or 8 feet in width?…
1Opinion of the CourtBroyles, C. J.
1. A special ground of a motion for a new trial must be complete within itself, and this court will not consider a ground which complains of the admitting of specified evidence the materiality of which cannot be determined without an examination of the brief of evidence or of some other part of the record. Under this ruling the 4th ground of the motion for a new trial cannot be considered.
2. This was a suit against a city for alleged damage to realty from the appropriation of a part of it and the grading of streets upon which it abutted. On cross-examination one of the plaintiffs was asked:…
2Cases cited3 opinions
- Savannah Bank & Trust Co. v. PurvisCourt of Appeals of Georgia · 1909
- City of Atlanta v. SwineyCourt of Appeals of Georgia · 1917
- Anderson v. TateSupreme Court of Georgia · 1914
3Cited by11 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- City of Manchester v. BeaversCourt of Appeals of Georgia · 1928
- Allen v. StateCourt of Appeals of Georgia · 1922
- A., B. & C. Railroad Benefit Ass'n v. SouthCourt of Appeals of Georgia · 1934
- Childers v. StateCourt of Appeals of Georgia · 1959
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