State ex rel. State Highway Commission v. Zahn

I dissent from the principal opinion in finding no error in the sustaining of the motion in limine of the Commission excluding evidence of circuity of route.

I agree and concur in the majority opinion’s treatment of the points raised concerning the timing of the motion and the issue raised as to error in reading the instructions after argument had commenced. However, in my view, the case should be reversed and remanded, and these issues do not require decision since they are unlikely to recur.

Fundamental to the issue posed in this case is an understanding of the physical situation. The…