City of Cincinnati v. Tuke

This appeal is by a property owner over whose property the right of eminent domain is being asserted in this proceeding.

The only issue was the amount of compensation to be paid for the property taken and the damage to the residue. Upon these elements, the evidence was conflicting. The appellant’s witnesses placed a much higher value upon the property taken and the amount of the damage to the residue than did the witnesses called by the municipality.

The court charged the jury as follows:

“Now the burden of proof in this case is upon the property owner, Mr. Cooper, to show by a preponderance of…