State Highway Department v. Shelton., 116 Ga. App. 705, 158 S.E.2d 253 (1967)
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Summary
Judgment affirmed. Felton, C. J., and Eberhardt, J., concur.
Summary
Judgment affirmed. Felton, C. J., and Eberhardt, J., concur.
Text
Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, Henry T. Brice, J. Lundie Smith, Deputy Assistant Attorney General, for appellant.
From a verdict of the jury and judgment upon an appeal from an award of the special master, the condemnor in this case appeals to this court on the ground that the verdict was without evidence to support it and excessive in awarding $1,896 for the land taken, and in awarding $9,687 as consequential damages to the land not taken.
1. The record shows that the condemnor acquired title to a perpetual right of way on a part of the land and acquired casements for construction, driveways, and drainage on other parts of the land. The testimony of the condemnor's own witnesses was that the value of the land on which the right of way was taken was $556.82, and the value of the land covered by the casements was $1,380.24. The total valuation, according to the condemnor's witnesses, was greater than the amount awarded by the jury for the "land taken." The condemnor's argument that the verdict must be construed as an award for the right of way only and as awarding nothing for the casements is not reasonable when we consider the evidence, the pleadings, and the charge of the court, according to which we must construe the verdict. Twilley v. Twilley,
Franklin, Barham, Coleman, Elliott & Blackburn, Ed G. Barham, for appellee.
1967
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