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77 Ga. App. 395

Edelson v. Hendon

Court of Appeals of Georgia

Decided July 9, 1948

Court of Appeals of Georgia · decided 1948-07-09

Relies on Harrison v. Kiser · Empire Mills Co. v. Burrell Engineering & Construction Co. · Central Railroad & Banking Co. v. Murray

Good law ✅— No negative treatment on recordhow we know

Decided 1948-07-09

How this case has been cited

Cited by 9 later decisions — most recently May 2012

9 state decisions

6019481950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Felton, J.

¶1Where the injury or damage complained of is solely to a building and not to the land the measure of damages is the cost of restoring the building to its original condition. Harrison v. Kiser, 79 Ga. 588 (8) (4 S. E. 320); Empire Mills Co. v. Burrell Engineering &c. Co., 18 Ga. App. 253 (2) (89 S. E. 530); Central R. & Bkg. Co. v. Murray, 93 Ga. 256 (4) (20 S. E. 129); Burke County v. Renfroe, 64 Ga. App. 395 (13 S. E. 2d, 194). There being no evidence in this case as to what it would cost to repair the plaintiff’s building the verdict was without evidence to support it and the court erred in overruling the motion for a new trial.

¶2The court did not err in failing to charge the jury on the plaintiff’s duty to lessen the damages for the reason that the evidence showed that it was impossible for the plaintiff to do so.

¶3Judgment reversed.

Sutton, C. J., and Parker, J., concur.Duke Davis, H. E. Richter, for plaintiff in error.P. T. Hvpp, contra.
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