STATE HIGHWAY DEPT. v. MUSGROVE

41477.

112 Ga. App. 801 (1965)

146 S.E.2d 550

STATE HIGHWAY DEPARTMENT v. MUSGROVE et al.

Court of Appeals of Georgia.

Decided November 30, 1965.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, S. B. BcCall, J. Lundie Smith, Asa D. Kelley, Jr., Deputy Assistant Attorneys General, for plaintiff in error.


PANNELL, Judge.

1. Under the authority of headnote 1 of State Hwy. Dept. v. Rutland, ante, the charges complained of in ground 4 of the motion for new trial were error.

2. It is not necessary, in view of the reversal under Division 1, that this court pass upon the alleged error in charging that the jury should find a fair and reasonable value of the property taken rather than market value. State Highway Department v. Rutland, 112 Ga. App. ante...

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