32 S.E.2d 414 | Ga. Ct. App. | 1944
1. The plaintiff failed to show that the seller of the coal was a wilful trespasser, or that the purchaser acted in bad faith in its purchase of the coal, and the court properly charged the measure of damages applicable to cases of innocent trespassers.
2. The evidence authorized the verdict, no error of law appears, and the court did not err in overruling the motion for new trial.
1. Special ground 1 of the motion for new trial complains of the court's refusal to charge the following written request: "Until some other basis for recovery appears, the plaintiff in this case would be entitled to a verdict for the full value of the coal at the date of the conversion, with interest at seven per cent. per annum." While the language of this request was evidently taken from the body of the decision in Milltown LumberCo. v. Carter,
2. The evidence authorized the verdict, and no error of law appearing, the court did not err in overruling the motion for new trial.
Judgment affirmed. Sutton, P. J., concurs. Felton, J., concurs in the judgment.