Howell v. State Highway Department

Mr. ChiEE Justice Brease

(concurring) : In the second exception, the appellant’s complaint as to the instructions of the presiding Judge is based on the fact that he did not charge specifically that the damages to the respondent’s land was to be fixed “at the time of the taking, namely on the 28th day of July, 1931, when the resolution of the board, fixing the award, was served upon the respondents, as is the true rule, but at some time previous, when the market value of the property was much higher than at the time of the taking.” (Emphasis added.)

It is my view that the value should be fixed…