State Highway Commission v. Phillips

Denny, E.J.

We think it is apparent from the record that the court below excluded the defendants’ evidence with respect to the existence of a road at the time of the taking, over which these defendants had access to their premises, because the access road, if any, was not a State-maintained public highway.

After the court had sustained the plaintiff’s objection to the defendants’ proffered evidence with respect to the existence of a road which was, according to the defendants’ proffered evidence, in existence at the time of the taking, the court, among other things, dictated for the record: “*…