Legal Opinion
Lumpkin v. State Highway Department
Court of Appeals of Georgia
Decided July 6, 1966No. 41850PublishedCited by 8 opinions
1Opinion of the Court
Eberhardt, Judge.
A new trial was granted in this case because of the inclusion in the charge of an instruction to the jury that compensation should be awarded for the condemnee’s loss of access rights to the proposed limited access highway. Grant of the new trial was squarely upon the authority of State Hwy. Dept. v. Ford, 112 Ga. App. 270 (144 SE2d 924).
Pretermitting the matter of whether the condemnee has access rights that must be condemned in the taking of his land for a limited access highway (see Code Ann. § 95-1704a), the charge as given was authorized by the allegations of condemnor’s…
2Cases cited5 opinions
- Central Bank & Trust Corp. v. StateSupreme Court of Georgia · 1912
- Western & Atlantic Railroad v. BrananSupreme Court of Georgia · 1905
- Noxon Rug Mills, Inc. v. SmithSupreme Court of Georgia · 1964
- State Highway Department v. FordCourt of Appeals of Georgia · 1965
- State Highway Department v. SmithCourt of Appeals of Georgia · 1965
3Cited by8 opinions
- State Highway Department v. LumpkinSupreme Court of Georgia · 1966
- Capital Ford Truck Sales, Inc. v. United States Fire InsuranceCourt of Appeals of Georgia · 1986
- Rush v. Southern Property Management, Inc.Court of Appeals of Georgia · 1970
- Klumok v. State Highway DepartmentCourt of Appeals of Georgia · 1969
- Department of Transportation v. HardinSupreme Court of Georgia · 1973
3 more not listed; retrieve them via the Exa API.