Department of Transportation v. Craine

JOHNSON, Judge.

Plaintiff raises three Assignments of Error in this appeal.

By its first Assignment of Error, plaintiff contends that the trial court erred when it allowed the jury, in arriving at its verdict, to consider evidence that plaintiff had acquired the right to deny defendants access to U.S. 25-70 from their abutting remainder without further compensation. We agree.

Every erroneous ruling in the admission or exclusion of evidence does not ipso facto entitle the appealing party to a new trial. He must show that he was prejudiced and that the erroneous ruling probably influenced the jury…