STATE HIGHWAY DEPT. v. WHITEHURST

41479.

112 Ga. App. 877 (1966)

146 S.E.2d 919

STATE HIGHWAY DEPARTMENT v. WHITEHURST.

Court of Appeals of Georgia.

Decided January 5, 1966.


Attorney(s) appearing for the Case

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


BELL, Presiding Judge.

1. Special ground 4 of the motion for new trial contends that the following charge was not authorized under the evidence: "I charge you that in estimating the value of land when taken for public uses inquiry may be made as to all legitimate purposes to which the property could be appropriated and used, or to which it had been appropriated and used, and the jury shall assess the value of the property taken and used and the damages done . . ....

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