McArthur v. State Highway Department

McArthur Et Al. v. State Highway Department

McArthur v. State Highway Dep't, 69 S.E.2d 781 (Ga. Ct. App. 1952)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: February 28, 1952
Docket: No. 33904
Judges: Felton, Sutton, Worrill
Citations: 69 S.E.2d 78185 Ga. App. 5001952 Ga. App. LEXIS 765

Opinion — Felton

Felton, J.

There are only two elements of damages to be considered in a condemnation proceeding: first, the market value of the property actually taken; second, the consequential damage that will naturally and proximately arise to the remainder of the owner’s property from the taking of the part which is taken and the devoting of it to the purposes for which it is condemned, including its proper maintenance and operation, and the measure of these consequential damages is the diminution in the market value of the remainder of the property proximately arising from these causes. Consequential damages to the remainder of the property caused by the negligent or improper construction of the improvement are not proper for consideration in a condemnation proceeding, but are the subject of a separate suit for damages.

Atlanta Terra Cotta Co.

v. Ga. Ry. & Elec. Co., 132 Ga.

537 (5) ( 64 S. E. 563 );

Central Georgia Power Co.

v. Mays, 137 Ga.

120 (4) ( 72 S. E. 900 );

McCrea v. Ga. Power Co., 46

Ga. App.

276 (3) ( 167 S. E. 540 ); 29 C. J. S. 1029, § 161. Therefore, it was not error for the court to refuse to charge as complained of in special ground one of the amended motion for a new trial, and to charge as complained of in special ground two of the motion.

The court did not err in overruling the amended motion for a new trial.

Judgment affirmed.

Sutton, C.J., and Worrill, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 23 cases

View all citing references →

Relies on it most ⓘ

State Highway Department v. Kaylor137 S.E.2d 664 (Ga. Ct. App. 1964)
Department of Transportation v. Simon261 S.E.2d 710 (Ga. Ct. App. 1979)
Butler v. Gwinnett County479 S.E.2d 11 (Ga. Ct. App. 1996)
Downside Risk, Inc. v. Metropolitan Atlanta Rapid Transit Authority274 S.E.2d 653 (Ga. Ct. App. 1980)
Wright v. Metropolitan Atlanta Rapid Transit Authority283 S.E.2d 466 (Ga. 1981)
Simon v. Department of Transportation265 S.E.2d 777 (Ga. 1980)

Most recent

Ideal Leasing Services, Inc. v. Whitfield County562 S.E.2d 790 (Ga. Ct. App. 2002)
White v. Department of Transportation489 S.E.2d 521 (Ga. Ct. App. 1997)
Butler v. Gwinnett County479 S.E.2d 11 (Ga. Ct. App. 1996)
Department of Transportation v. Old National Inn, Inc.345 S.E.2d 853 (Ga. Ct. App. 1986)
Dendy v. Metropolitan Atlanta Rapid Transit Authority293 S.E.2d 372 (Ga. Ct. App. 1982)
Panos v. Department of Transportation290 S.E.2d 295 (Ga. Ct. App. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Cent. Ga. Power Co. v. Mays, 72 S.E. 900 (Ga. 1911)	47
	Atlanta Terra Cotta Co. v. Ga. Ry. & Elec. Co., 64 S.E. 563 (Ga. 1909)	33
	McCrea v. Ga. Power Co., 167 S.E. 540 (Ga. Ct. App. 1933)	6

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