STATE HIGHWAY DEPARTMENT v. MARTIN

41093.

111 Ga. App. 428 (1965)

142 S.E.2d 84

STATE HIGHWAY DEPARTMENT v. MARTIN.

Court of Appeals of Georgia.

Rehearing Denied March 26, 1965.


Attorney(s) appearing for the Case

Eugene Cook, Attorney General, Richard L. Chambers, Assistant Attorney General, Harry T. Lawrence, Deputy Assistant Attorney General, for plaintiff in error.

Warren Akin, Jr., J. Beverly Langford, T. L. Shanahan, contra.


FRANKUM, Judge.

1. "A charge may be abstractly correct; but unless it is authorized by the evidence in the case, it is nevertheless erroneous. Butt v. Maddox, 7 Ga. 495 (3); Towns v. Kellett, 11 Ga. 286 (2), 293." Central Ga. Power Co. v. Cornwell, 139 Ga. 1, 5 (2) (76 SE 387, AC 1914A 880).

2. Where, as in this case, on the trial of an appeal to the superior court to have a jury determine the value of land taken by condemnation, it appears...

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