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STATE HIGHWAY DEPT. v. FERGUSON

41466.

112 Ga. App. 875 (1966)

147 S.E.2d 18

STATE HIGHWAY DEPARTMENT v. FERGUSON.

Court of Appeals of Georgia.

Decided January 5, 1966.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, Horace E. Campbell, Jr., Harry T. Lawrence, Deputy Assistant Attorneys General, for plaintiff in error.

Matthews, Maddox, Walton & Smith, Oscar M. Smith, James B. Langford, contra.

BELL, Presiding Judge.

1. Special ground 4 of the motion for new trial complains of the following part of the court's charge to the jury:

"I charge you that in estimating the value of land taken for public purposes, inquiry may be made as to any legitimate purposes to which the property could be appropriated and you must look to the evidence in this case to determine what uses this property could be legitimately...

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