Georgia Power Company v. Sinclair

Deen, Judge.

1. In any eminent domain case the evidence and the instructions to the jury should be such that the jury can figure separately the value of the land or interest therein which is taken and the consequential damages to the land not taken, and by balancing the latter of course against any consequential benefits and adding the two figures can return a lump-sum verdict which includes both items of depreciated value to the landowner. Code § 36-504. Where the fee in part of the tract is being taken it has been held that evidence which does not separate these two items of damage but which…