State Highway Department v. Murray

Bell, Judge.

The first ground of the amended motion for new trial contends -that the evidence of a witness for the defendants, testifying as to the replacement cost of the houses, was illegally admitted by the court to the jury over the objection of the plaintiff, which objection was repeated after the defendants had closed their ease. We agree that this objection is well taken, where, as here, there is no other evidence as to the value of the property. This is particularly so since the evidence adduced at the trial indicates that the five houses involved range in age from 2 to 20 years. Under…