State v. Clarke

McDONALD, Chief Justice.

This is a condemnation case. Plaintiffs State and County condemned defendant’s home, consisting of 3.93 acres (and improvements) for road purposes. Trial was to a jury which found the value of the property taken on April 30, 1963 to be $40,000. The Trial Court entered judgment on the verdict for the defendant landowners for $9,000 (the sum by which $40,000 exceeds $31,000 awarded by the Commission and heretofore deposited in the registry of the court).

Plaintiffs appeal, contending “the Trial Court erred in excluding from evidence, plaintiffs’ Exhibit 6, which was a…