Smith v. State Highway Department

Jordan, Judge.

' 1. In an appeal to the superior court from the award of the assessors in a condemnation proceeding, it is error for the court to charge the jury on the question of conse quential benefits where there is no evidence that there will be any consequential benefits to that portion of the land not taken. Garden Parks, Inc. v. Fulton County, 88 Ga. App. 97 (3) (76 SE2d 31); Stanfield v. State Highway Dept., 95 Ga. App. 452 (1) (98 SE2d 40). While two witnesses for the condemnor testified in the instant case that the condemnee’s remaining property would be benefited by the…