State Highway Commission v. Beets

DUNN, Chief Justice.

A Lawrence County jury awarded defendants the sum of $11,000 from the plaintiff, State of South Dakota, for the taking of property for highway purposes. Defendants appeal contending that (1) the trial court erred in not admonishing the jury to disregard a statement of plaintiff’s counsel during final argument to the effect that the jury was determining the value of real property for condemnation purposes from Spearfish all the way to the Wyoming border, and (2) the trial court erred in not permitting defendants to make an offer of proof as to what the witness Eddy’s…