State Ex Rel. State Highway Commission v. Patton

This is a proceeding in condemnation, brought against the defendant Rainey and others, to condemn land for road purposes. Commissioners, duly appointed, made and filed their reports assessing damages. The defendant Rainey filed exceptions to the report. The exceptions were tried to a jury and the exceptor had a verdict and judgment in the sum of $1600. The plaintiff has appealed.

The single question brought here on this appeal is whether or not the court erred in refusing plaintiff's requested instruction No. 7. The instruction follows:

"The court instructs the jury that in determining whether…