PENDARVIS CONST., CORP. v. COBB COUNTY-MARIETTA WATER AUTH.

No. A99A0346.

520 S.E.2d 530 (1999)

239 Ga. App. 14

PENDARVIS CONSTRUCTION CORPORATION et al. v. COBB COUNTY-MARIETTA WATER AUTHORITY et al.

Court of Appeals of Georgia.

July 8, 1999.


Attorney(s) appearing for the Case

Frank Pendarvis, pro se.

Cochran, Camp & Snipes, Scott A. Cochran, Smyrna, for appellants.

Talley & Darden, David P. Darden, Marietta, for appellees.


POPE, Presiding Judge.

A jury returned a verdict of $5,826 in favor of Pendarvis Construction Corporation in a condemnation action involving an easement for an underground water line over its property sought by Cobb County-Marietta Water Authority (the "Water Authority"). Pendarvis appeals and contends a jury charge impermissibly shifted the burden of proof and the court erroneously excluded certain material evidence.

1. The court instructed the jury with...

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