128 Ga. 438 | Ga. | 1907
Mrs. Plerrington sued the railway company for damages claimed to have resulted from a fire communicated to her
It. is true that no witness testified to the value of the land as timbered land before the fire and afterwards; but the general character of the land, and the quality and quantity of the timber thereon, were disclosed by the evidence, and a number of witnesses were permitted to testify (so far as the record discloses, without objection) to different amounts as the damage resulting from the fire, according to their opinions. There was evidence before the jury sufficient to enable them to arrive at a just and reasonable estimate of the damages sustained by the plaintiff, under the rule above referred to. It was absolutely necessary that the value of the timber should be considered. The charge of the judge does not use the expression “standing timber,” but it is manifest, from the evidence, that this was what the witnesses referred to, and it is to be presumed that the jury understood that the judge had reference to the timber as standing upon the ground, and not' to the uses which it might be devoted to if severed from the soil and marketed. The charge on the subject of damages was not as full as it might have been, but there was nothing in what was stated that was calculated to .mislead the jury; and if any amplification of the instructions was desired, it should have been made the subject of an appropriate written request. We see no reason for reversing the judgment, upon this assignment of error.
Judgment affirmed.