Baxter v. State Highway Dept., 40172
| Decision Date | 18 September 1963 |
| Docket Number | No. 40172,No. 2,40172,2 |
| Citation | 132 S.E.2d 863,108 Ga.App. 324 |
| Parties | Edwin L. BAXTER et al. v. STATE HIGHWAY DEPARTMENT |
| Court | Georgia Court of Appeals |
John E. Wiggins, Ringgold, Pittman & Kinney, R. Carter Pittman, Dalton, for plaintiffs in error.
Eugene Cook, Atty. Gen., Carter Goode, Richard L. Chambers, Asst. Attys. Gen., Atlanta, Joe B. Tucker, Ringgold, for defendant in error.
The ground of the motion on which the judge granted a new trial complained of the following charge as being argumentative, confusing, and misleading to the jury and erroneous and prejudicial because there were no contentions by pleadings or evidence that the condemnee was entitled to consequential damages: The verdict awarding damages for the taking of 4.827 acres of land for the purpose of constructing a limited access highway was in the amount of $65,000.
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