Wade v. State Highway Commission

The single exception stressed on the argument and chiefly relied upon in defendant’s brief is the one addressed to the following portion of the charge:

“You have heard the evidence and it is for you to say whether or not the damage to the land has been greater than the special benefit accruing to it, and. if you so find whatever amount you find will be your answer to this issue. But if you find the special benefit is greater than the damage you would answer the issue Nothing’.”

At the time of the relocation of the road in question and when this suit was instituted, the rule for the…