State v. Ingalls

COLEMAN, Justice.

The state, as condemnor, appeals from a judgment rendered by the circuit court in an eminent domain proceeding to con■demn the residence of a landowner.

■I.

The condemnor argues that the court erred in giving landowner’s requested Charge 3 which recites as follows:

“3. The Court charges you that the question of whether or not the subject property had a market in Birmingham is a matter on which the jury should reach a conclusion based on all the testimony and the jury is not bound by the judgment or testimony of any witness, expert or otherwise, on this question.”

Condemnor argues…