132 Ga. 581 | Ga. | 1909
There were other assignments of error relating to testimony delivered by witnesses in regard to their opinion of the amount of damage resulting from the alleged trespass. It is unnecessary to discuss or quote each of these assignments of error, some of which are quite lengthy. It will only be necessary to lay down the general rules of' law relating to the subject-matters involved in the rulings of which complaint is made. The correct rule is laid down in the case of Slaton v. Fowler, 124 Ga. 955 (53 S. E. 567), where it was decided: “Where the value of the article is relevant, it may be shown by the opinion of witnesses, although they may not be experts, if they have knowledge of facts on which to predicate such opinion.” If a witness, who is not an expert, does not have knowledge of facts on which to predicate an opinion as to the market value of property, he can not give such opinion; and before his opinion is elicited it should first be inquired whether or not he has knowledge of facts upon which to predicate it. A witness who is not an expert can not testify to what damages are committed by a trespass. If he has knowledge of facts upon which to predicate an opinion as to the market value of the property before and after the alleged trespass, he should be permitted to give such opinion, but the opinion thus given should not he simply the difference in the market value before and after the alleged trespass, without stating what such value was before, and what it was after, such alleged trespass. The opinion which he should be permitted to give is his opinion of the' market value of the land before the alleged trespass and the market value of the land after such alleged trespass. Woodward v. Gates, 38 Ga. 205; McCrary v. Pritchard, 119 Ga. 876 (47 S. E. 341); Foote v.
Another assignment of error related to the charge of the court upon the recovery of nominal damages. As stated in the case of Pausch v. Guerrard, 67 Ga. 319, “In an action of trespass, if the plaintiff makes out a case for recovery except the proving of actual damages, he will be entitled to nominal damages.”
Another assignment of error complained of the charge of the court as giving an improper rule for the measure of damages. Considered, however, in the light of the the entire charge, we do not think the portion of the charge complained of was error requiring the grant of a new trial.
In other assignments of error complaint is made that the court, in propounding questions to the witnesses, impressed the jury with an incorrect rule for the measure of damages. In view of all the questions asked by the court, we do not think the conduct of the 'court was subject to such criticism, though it would have been better if the court had framed its questions differently.
Judgment reversed.