Legal Opinion · Concurrence

Berger v. Plantation Pipeline Co.

Court of Appeals of Georgia

Decided March 12, 1970No. 45098Published

1Concurrence

Hall, Presiding Judge,

concurring in part. 1. While I concur in Division 3 of the opinion, in view of the fact there will be a new trial I will state for the record that in my opinion the trial court did not err in refusing to allow a non-expert witness to give his opinion on the cause of the damage to the pool. The *365ruling was proper for either of two reasons. First, while an expert may base his opinion on facts stated by other witnesses, a non-expert may not, but must base his opinion on his own observations. Brazil v. Roberts., 198 Ga. 477 (32 SE2d 171); Agnor, 11 Encyclopedia of Georgia Law…

2Cases cited10 opinions

  1. Hunter v. A-1 Bonding Service, Inc.Court of Appeals of Georgia · 1968
  2. Byrd v. Ford Motor Co.Court of Appeals of Georgia · 1968
  3. Martin v. Approved Bancredit Corp.Supreme Court of Georgia · 1968
  4. Atlantic Coast Line Railroad v. SmithCourt of Appeals of Georgia · 1963
  5. Barron v. ChambleeSupreme Court of Georgia · 1945

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