City of Jefferson v. Maddox

Quillian, Judge.

The following charge is enumerated as error: “Second, the fair market value is to be paid by the condemnor to the condemnee, the owner, for consequential damages, if any, if you find there be such damages to the residue or the remainder of the land of the condemnee not taken by the condemnor for the purpose stated, from which the land actually taken by the condemnor was a part before it was taken as alleged in the petition.” The charge in effect directed the jury to award fair market value for consequential damages.

It should be pointed out that later on in the charge the jury…