Wheeler v. State Highway Department

Felton, Chief Judge.

The two special grounds complain of the following excerpt from the charge to the jury (emphasis by the plaintiff in error): “Now the second element for you to consider, gentlemen, is whether any consequential damages will naturally and proximately result to the remainder of the condemnee’s land, you will determine that under the instruction I am now about to give you. The condemnee contends that he has suffered consequential damages first, by the taking by the condemnor of the lands of the condemnee actually taken, and the devoting of it to those purposes and uses for…