State Highway Department v. Whitehurst

Eberhardt, Judge.

Though the charge is correct as an abstract principle of law (see Code § 36-505), we think the exception is meritorious. This court dealt with a charge similar in nature in State Hwy. Dept. v. Weldon, 107 Ga. App. 98 (129 SE2d 396) and held it to be error. The landowner urges that there are differences in the charge there and here requiring a different result. The only difference in the charge in Weldon and that with which we deal here is that here the court added at the end of the second paragraph the phrase “as shown by the evidence.” It is insisted here that the addition…