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STATE HIGHWAY DEPT. v. GODWIN

40720.

109 Ga. App. 740 (1964)

137 S.E.2d 351

STATE HIGHWAY DEPARTMENT v. GODWIN 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.

Maxwell Hines, Hugh D. Wright, contra.

EBERHARDT, Judge.

1. Where, on the trial of a condemnation proceeding, there is no evidence that the land involved could be used for any purpose other than that to which it was devoted at the time of the taking, or from which the jury could infer any reasonable probability that it was suitable for any other use, it is error for the court to charge that the jury might, in estimating the value of the land, consider other...

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