Legal Opinion · Dissent

STATE HIGHWAY COM'N OF WYO. v. Joe Miller Land Co.

Wyoming Supreme Court

Decided April 3, 1970No. 3783Published

1DissentMcINTYRE, Justice

All members of our court seem to agree testimony which the commission sought to elicit from Merrill Dunham had to do with the sale of lands which were shown to be sufficiently comparable to the lands involved; and that this testimony should not have been excluded.

Having so concluded, we should not I think justify the exclusion of this testimony by saying it was harmless error.

It is true we said in Robertson v. State Highway Commission, Wyo., 450 P.2d 1003, 1004, the critical consideration is the “seriousness of the error,” not its occurrence. But this court long ago adhered to the principle…

2Cases cited15 opinions

  1. Palmer v. HoffmanSupreme Court of the United States · 1943
  2. Railway Express Agency, Inc., a Corporation v. Leverett Ray EppersonCourt of Appeals for the Eighth Circuit · 1957
  3. Paul L. Tugwell v. A. F. Klaveness & CompanyCourt of Appeals for the Fifth Circuit · 1963
  4. Robertson v. State Highway CommissionWyoming Supreme Court · 1969
  5. Valley Transp. System v. ReinartzArizona Supreme Court · 1948

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