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ELLIOTT v. FULTON COUNTY

22594.

220 Ga. 377 (1964)

139 S.E.2d 312

ELLIOTT, EXECUTOR, et al. v. FULTON COUNTY.

Supreme Court of Georgia.

Decided November 5, 1964.

Attorney(s) appearing for the Case

Jones, Bird & Howell, Earle B. May, Jr., Robert L. Foreman, Jr., for plaintiffs in error.

T. Charles Allen, Harold Sheats, George Gillon, contra.

DUCKWORTH, Chief Justice.

The excerpt from the charge which the Court of Appeals held to be reversible error instructed the jury that to determine the value of the land taken they should first find the value of the entire tract, then the value of what remained after the taking, and the whole value less the value of the remainder would represent the value of the land taken. Thus a construction of that excerpt will determine if that court erred. This requires an examination...

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