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STANFIELD v. STATE HIGHWAY DEPARTMENT

36608.

95 Ga. App. 452 (1957)

98 S.E.2d 40

STANFIELD v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided April 2, 1957.

Attorney(s) appearing for the Case

Holland & Lea, Preston L. Holland, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, Edwin S. Kemp, Harold R. Banke, contra.

FELTON, C. J.

1. In an appeal to the superior court from the award of the appraisers in a condemnation proceeding where there is no evidence that there will be any consequential benefits to that portion of the land not taken, it is error for the court to charge the jury on the question of consequential benefits. Garden Parks, Inc. v. Fulton County, 88 Ga.App. 97 (3) (76 S.E.2d 31

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