Summary
In Wright v. Cooper et al., 1 Tyler 425, the plaintiff owned a farm on Otter Creek. The defendant Cooper maintained a dam on the falls at Vergennes extending from an island in the Creek to the westerly shore.
Summary of this case from Town of Sharon v. Anahama Realty Corp.Opinion
45790.
ARGUED JANUARY 7, 1971.
DECIDED JANUARY 22, 1971.
Action for damages. Fulton Superior Court. Before Judge Shaw.
Grace W. Thomas, for appellant.
Swift, Currie, McGhee Hiers, W. Wray Eckl, for appellees.
This is an appeal from the following judgment:
"The above case having come on for hearing and trial, jury having been waived for limited purposes and defendants having moved to dismiss and to bar plaintiff's claim, and after hearing evidence, it is hereby ordered that plaintiff's complaint is dismissed with prejudice."
Whether the asserted errors disclose error harmful to the appellant cannot be determined without a consideration of the evidence adduced at the hearing, but the appellant has failed to comply with the statutory requirements for a transcript of the evidence. Under repeated rulings of this court and the Supreme Court the judgment of the lower court will be affirmed. White v. Gnann, 225 Ga. 398 ( 169 S.E.2d 301); Lankford v. Lankford, 225 Ga. 147 ( 166 S.E.2d 354); Terry v. Warner Robins Supply Co., 225 Ga. 5 ( 165 S.E.2d 731); Cantrell v. Abernathy, 120 Ga. App. 318 ( 170 S.E.2d 319); Allstate Leasing Corp. v. Samples, 115 Ga. App. 213 ( 154 S.E.2d 423).
Judgment affirmed. Quillian and Evans, JJ., concur.