City of Grand Rapids v. Assfy

Respondents appeal a jury award of $30,500 in their favor.

This is a condemnation case. Respondents appeal and ask for a new trial, predicating such request on three alleged errors committed by the trial court.

Respondents first question the trial court’s failure to repress petitioner’s counsel’s representation in final argument of a fact not in evidence. In Michigan, when such error appears, opposing counsel must take two steps. First, he must object, and then, after obtaining a ruling, must request a curative instruction. Marr v Saginaw County Agricultural Society, 364 Mich 373, 377 (1961).…