Reynolds v. State Board of Public Roads

This matter is before us on a certification by the superior court, under general laws, 1923, chapter 348, section 1, of the question of the constitutionality of public laws 1928, chapter 1175, sec. 2. The proceeding in question was begun by a petition filed in that court for the assessment of damages sustained by the petitioners by reason of the taking of certain land of theirs by the state board of public roads for highway purposes, by condemnation.

At the trial of the case before a jury, the board offered to prove, in mitigation of damages, under the above section of the public laws, a deed…