Postal Telegraph-Cable Co. v. Peyton
Cases that cite this one
7 later published cases cite this decision.
- Municipal Electric Authority v. Anglin (Ga. Ct. App. 1986)
- Housing Authority v. Spink (Ga. Ct. App. 1954)
- Georgia Power Co. v. Brooks (Ga. 1950)
- DEPARTMENT OF TRANSPORTATION v. 5.85 ACRES OF LAND AND CERTAIN EASEMENTS RIGHTS (Ga. Ct. App. 2025)
- Fitch v. State Highway Commission (Kan. 1933)
- Kansas Postal Telegraph Cable Co. v. Leavenworth Terminal Railway & Bridge Co. (Kan. 1913)
- Oklahoma Gas & Electric Co. v. Kelly (Okla. 1936)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(After stating the facts.) A jury can not be left to roam without any evidence in the ascertainment and assessment of damages. The damages which the law allows to be assessed in favor of a landowner whose property has been taken or damaged under the right of eminent domain are purely compensatory. Thé land actually appropriated by the telegraph company amounted to only a. fraction of an acre; and while it appeared- that the construction and maintenance of the telegraph line would cause consequential damages to the plaintiff, no proof was offered from, which any fair and reasonable estimate of the amount of damages thereby sustained could be made. The jury should have been supplied with the data necessary in arriving at such an estimate. Swift v. Broyles, 115 Ga. 887. Tn the absence of this essential proof, a verdict many times in excess of the highest proved value of the land actually taken must necessarily be deemed excessive.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.