Hollywood Baptist Church of Rome v. State Highway Department

Deen, Judge.

1. When this case was here before it was pointed out that one of the errors in the court’s instructions to the jury was a statement that inconvenience such as noise, smoke and dust might be considered by the jury if shown to affect adversely the value of the condemnee’s remaining property. While such a statement is abstractly correct there was not on the first trial, nor is there upon the second one, any evidence of probative value that the value of the condemnee’s remaining property would be permanently diminished by noise and dust caused by automobiles traveling along the new…