State Highway Department v. Grant

Felton, Chief Judge.

Special ground 2 of the amended motion for new trial complains of the following excerpt from the charge to the jury: “The general rule, Gentlemen, is where property is taken for public purposes the measure of damages is the difference between the market value immediately before and after the damages; that applies to the consequential damages, if any, are involved in this case.” (Emphasis supplied). Two paragraphs prior to this excerpt, the court had correctly charged this same proposition, using the word taking, rather than damages, but he prefaced his reading of the…