STATE HIGHWAY DEPARTMENT v. GREEN

40717.

109 Ga. App. 743 (1964)

137 S.E.2d 397

STATE HIGHWAY DEPARTMENT v. GREEN et al.

Court of Appeals of Georgia.

Rehearing Denied June 1, 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.

M. Dale English, Edward Parrish, contra.


EBERHARDT, Judge.

In this condemnation case, the condemnor moved for a new trial. The motion was overruled and condemnor excepts.

1. The court is authorized to charge that the jury may consider other uses to which the land being taken may be put where there is either evidence of other uses or evidence from which the jury could infer that there was reasonable probability that the land could be used for other purposes. State Hwy. Dept. v. Weldon,

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