SUTTON v. STATE HIGHWAY DEPT.

38534.

103 Ga. App. 29 (1961)

118 S.E.2d 285

SUTTON v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided January 6, 1961.


Attorney(s) appearing for the Case

Williford & Grant, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, Payne & Heard, E. Freeman Leverett, Woodrow Lavender, contra.


NICHOLS, Judge.

1. In the first special ground, numbered 4, of the amended motion for new trial complaint is made that the trial court erred in charging the jury that the condemnee was entitled to the "fair market value" of the property taken. In special ground 5 error is assigned because the trial court did not charge, without request, that the condemnee was entitled under the Constitution to "just and adequate compensation" for his property.

The condemnee...

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