State Highway Department v. Brand

Jordan, Presiding Judge.

In this appeal from the judgment in a right of way condemnation case, and the overruling of a motion for new trial, the State Highway Department insists upon the errors asserted by the two special grounds of its motion for new trial. The first special ground is directed to an excerpt from the charge informing the jury in effect that *166after determining the fair and reasonable value of the property taken, as actual damages, the jury should then determine the consequential damages to the remainder “from the evidence and under the rules of law given you in charge,” add this…