South Carolina State Highway Department v. Smith

Louis Rosen, Acting Associate Justice.

This appeal is from an award of damages in a condemnation proceeding originally upon twelve Exceptions, two have been abandoned and the others have been presented under five questions. We need only consider one for disposition of this appeal.

The question is whether error was committed in allowing testimony and giving jury instructions as to depreciation in value of personal property used by landowner in the operation of a business on the condemned land but not taken by the condemnor.

The condemned property, consisting of 1.01 acres being a portion of 2.6…