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GEORGIA POWER CO. v. SMITH

36130.

94 Ga. App. 166 (1956)

94 S.E.2d 48

GEORGIA POWER COMPANY v. SMITH et al.

Court of Appeals of Georgia.

Rehearing Denied July 6, 1956.

Attorney(s) appearing for the Case

Marvin D. Pierce, Erwin, Nix, Birchmore & Epting, for plaintiff in error.

Jas. W. Arnold, Edwin Fortson, Stephens, Fortson, Bentley & Griffin, contra.

QUILLIAN, J.

1. We consider first the general grounds of the motion. The condemnor earnestly insists that the verdict was without evidence to support it. In a case where the power of eminent domain is exercised, the burden is on the condemnor to show the value of the property taken and the consequential damages to the remainder of the property. Where a verdict is returned for an amount larger than is authorized by the evidence adduced by the condemnor, that of the...

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