Georgia Power Company v. Bray

Full title: GEORGIA POWER COMPANY v. BRAY et al

Court: Court of Appeals of Georgia

Date published: Sep 16, 1974

208 S.E.2d 606 (Ga. Ct. App. 1974)

208 S.E.2d 606

Opinion

48742.

DECIDED SEPTEMBER 16, 1974.

Condemnation of land. Fayette Superior Court. Before Judge Whalen.

Jones, Cork, Miller Benton, Wallace Miller, Jr., Hutcheson Kilpatrick, Lee Hutcheson, for appellant.

Charles T. Ballard, for appellees.

EVANS, Judge.

The Supreme Court in Georgia Power Co. v. Bray, 232 Ga. 558 ( 207 S.E.2d 442), has reversed in part our decision in Georgia Power Co. v. Bray, 130 Ga. App. 618 (1) ( 204 S.E.2d 351). The judgment of this court is vacated and set aside. The Supreme Court has held that the admission of evidence of consequential damages to a contiguous 5-acre tract of land owned by Bray, individually (but not by Moseley, although at one time all of it was in one contiguous tract owned by Bray), was erroneous. Accordingly, Division 1 of our opinion in Georgia Power Co. v. Bray, 130 Ga. App. 618, 619 (1) is no longer the law. But Division 3 of our opinion was affirmed by the Supreme Court, and it is still the law. The opinion and judgment of the Supreme Court is therefore made the opinion and judgment of this court.

Judgment reversed. Clark and Webb, JJ., concur.

DECIDED SEPTEMBER 16, 1974.