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SMITH v. STATE HIGHWAY DEPARTMENT

39180.

105 Ga. App. 245 (1962)

124 S.E.2d 305

SMITH v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided January 29, 1962.

Attorney(s) appearing for the Case

Merritt & Pruitt, Glyndon C. Pruitt, for plaintiff in error.

Eugene Cook, Attorney-General, Carter Goode, Paul Miller, Assistant Attorneys-General, Dudley Hancock, contra.

JORDAN, Judge.

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

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