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STATE HIGHWAY DEPT. v. WHITEHURST

40718.

109 Ga. App. 737 (1964)

137 S.E.2d 371

STATE HIGHWAY DEPARTMENT v. WHITEHURST et al.

Court of Appeals of Georgia.

Decided May 18, 1964.

Attorney(s) appearing for the Case

Eugene Cook, Attorney General, Richard L. Chambers, Paul Miller, E. J. Summerour, Assistant Attorneys General, J. Lundie Smith, Asa D. Kelley, Jr., Deputy Assistant Attorneys General, S. B. McCall, for plaintiff in error.

Hugh D. Wright, Edward Parrish, contra.

EBERHARDT, Judge.

1. Though the charge is correct as an abstract principle of law (see Code § 36-505), we think the exception is meritorious. This court dealt with a charge similar in nature in State Hwy. Dept. v. Weldon, 107 Ga.App. 98 (129 S.E.2d 396) and held it to be error. The landowner urges that there are differences in...

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