Legal Opinion

Elliott v. Fulton County

Supreme Court of Georgia

Decided November 5, 1964No. 22594PublishedCited by 23 opinions

1Opinion of the Court

Duckworth, Chief Justice.

The excerpt from the charge which the Court of Appeals held to be reversible error instructed the jury that to determine the value of the land taken they should first find the value of the entire tract, then the value of what remained after the taking, and the whole value less the value of the remainder would represent the value of the land taken. Thus a construction of that excerpt will determine if that court erred. This requires an examination of both the excerpt and the relevant portions of the entire charge. It is never' permissible to mutilate an entire charge…

2Cases cited9 opinions

  1. Fletcher v. StateSupreme Court of Georgia · 1892
  2. City Council v. TharpeSupreme Court of Georgia · 1901
  3. State Highway Board v. BridgesCourt of Appeals of Georgia · 1939
  4. Suple v. StateSupreme Court of Georgia · 1909
  5. Central of Georgia Railway Co. v. ColeSupreme Court of Georgia · 1910

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Wright v. Metropolitan Atlanta Rapid Transit AuthoritySupreme Court of Georgia · 1981
  2. Department of Transportation v. GunnelsSupreme Court of Georgia · 1986
  3. Department of Transportation v. GunnelsCourt of Appeals of Georgia · 1985
  4. State Highway Department v. ParkerCourt of Appeals of Georgia · 1966
  5. State Highway Department v. NobleCourt of Appeals of Georgia · 1966

18 more not listed; retrieve them via the Exa API.

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