State Highway Department v. Ferguson

Bell, Presiding Judge.

Special ground 4 of the motion for new trial complains of the following part of the court’s charge to the jury:

“I charge you that in estimating the value of land taken for public purposes, inquiry may be made as to any legitimate purposes to which the property could be appropriated and you must look to the evidence in this case to determine what uses this property could be legitimately appropriated to under the evidence.”

Condemnor contends that this charge was error for the reason stated in State Hwy. Dept. v. Whitehurst, 109 Ga. App. 737, 739 (137 SE2d 371).

Whitehurst…