ELR Citation: ELR 20481
No(s). s. 53499-501, 53549 (Ga. Ct. App. Feb 25, 1977)

Reversing the jury decision awarding damages for negligence, the court holds that evidence regarding sulfur content of the coal burned at defendant's plant was improperly excluded. Appellants pecan farmers sued for crop damages caused by sulfur dioxide emissions from the company's power plant. The trial court erred in excluding evidence that would have shown the company had access to cleaner coal and could have subjected the company to exemplary damages. The court also rejects the company's cross-appeal of the trial court's denial of its motion for a directed verdict because there was evidence from which the jury could have inferred negligence.

Counsel for Appellants
Fred B. Hand Jr.
Hand & Whaley
Hand Bldg., Pelham GA 31779
(912) 294-4807

Counsel for Georgia Power Company
Robert L. Pennington, Daniel S. Reinhardt
Troutman, Sanders, Lockerman & Ashmore
15th Floor, Candler Bldg., 127 Peachtree St., NE, Atlanta GA 30303
(404) 522-7480

Frank S. Twitty
Twitty & Twitty
52 E. Oakland Ave., Camilla GA 31730
(912) 336-0461

Stolz, J., joined by Quillan, P.J. & Shulman, J.