State Highway Department v. Geehr

Bell, Presiding Judge.

1. In the trial of an appeal from an award in condemnation proceedings to acquire a part of condemnee’s tract of land as a right of way for highway purposes, the condemnee, over condemnor’s objection, elicited testimony calculated to impress the jury that a curve in the proposed highway would constitute a hazard to persons and property so as to diminish the market- value of the land not taken. The possible danger of collision of vehicles using the proposed highway' with persons and property upon the remaining portion of condemnee’s land was not an independent element of…