State Highway Department v. American Oil Co.

Hall, Presiding Judge.

Condemnor appeals from the judgment and from the denial of its motion for new trial in a proceeding under Code Ann. Ch. 36-13.

1. Condemnor contends the court erred in failing to declare a mistrial, upon its request, when condemnee’s attorney in opening argument disclosed the name of the assessor and the amount paid into court under the declaration of taking. Since the court thoroughly instructed the jury to disregard and remove from its mind these improper references and told it that the trial was a completely new investigation, we cannot say there was an abuse of…