WHEELER v. STATE HIGHWAY DEPARTMENT

39530.

106 Ga. App. 323 (1962)

126 S.E.2d 808

WHEELER v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided July 12, 1962.


Attorney(s) appearing for the Case

George Kushinka, John R. Rogers, for plaintiff in error.

Eugene Cook, Attorney General, Carter Goode, Donald E. Payton, Assistant Attorneys General, D. P. Hulbert, contra.


FELTON, Chief Judge.

1. The two special grounds complain of the following excerpt from the charge to the jury (emphasis by the plaintiff in error): "Now the second element for you to consider, gentlemen, is whether any consequential damages will naturally and proximately result to the remainder of the condemnee's land, you will determine that under the instruction I am now about to give you. The condemnee contends that he has suffered consequential damages first...

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