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Lawskills.com Georgia Caselaw
STATE HIGHWAY DEPARTMENT v. KNOX.
41900.
EBERHARDT, Judge.
Condemnation of land. McDuffie Superior Court. Before Judge Stevens.
1. After verdict the evidence should be construed to uphold it. Y.M.C.A. v. Bailey, 112 Ga. App. 684, 690 (136 SE2d 324). Where an expert witness testifying as to the value of land taken did not specifically state that he was referring to the date of the taking in giving his opinion as to value, but in testifying located and identified the land on a plat of the proposed highway, stating that he was familiar with land values in that area, and with other transactions in that general area, the evidence should be construed to refer to the time of taking, and its admission was not error. Moreover, as an additional reason for so construing it, we note that there was other evidence in the record placing the value at the time of taking at an amount equal to or in excess of that stated by this expert.
2. Where counsel for the condemnee in his argument to the jury referred to the condemnee as a civic-minded man who had done much for the community and a motion for mistrial was made on the ground that the argument, wholly unsupported by evidence, was calculated to be prejudicial and harmful, and the court, overruling the motion, admonished the jury to disabuse their minds of the argument and give it no effect in their considerations, no error appears. Southern Poultry Co. v. Fletcher, 113 Ga. App. 374 (147 SE2d 870). There was no renewal of the motion, after overruling, and this enumeration of error raises no question for decision. Kendrick v. Kendrick, 218 Ga. 460 (4) (128 SE2d 496).
Robert E. Knox, Warren D. Evans, for appellee.
Arthur K. Bolton, Attorney General, Richard E. Chambers, James H. Wood, Assistant Attorneys General, D. Field Yow, Lon L. Fleming, Deputy Assistant Attorneys General, for appellant.
ARGUED APRIL 4, 1966 -- DECIDED APRIL 14, 1966 -- REHEARING DENIED MAY 10, 1966.
Friday May 22 20:32 EDT


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