Lumpkin v. State Highway Department

114 Ga. App. 145 (1966)

150 S.E.2d 266

LUMPKIN

v.

STATE HIGHWAY DEPARTMENT.

41850.

Court of Appeals of Georgia.

Argued March 8, 1966.

Decided July 6, 1966.

Rehearing Denied July 22, 1966.

Erwin, Birchmore & Epting, Eugene A. Epting, for appellant.

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, Horace E. Campbell, Jr., Deputy Assistant Attorney General, Edwin Fortson, for appellee.

EBERHARDT, Judge.

A new trial was granted in this case because of the inclusion in the charge of an instruction to the jury that compensation should be awarded for the condemnee's loss of…