City of Denver v. Minshall

These parties are hereinafter referred to as the city and Minshall, respectively.

*33■ The city brought suit to condemn 639 acres of Min-shall’s land, paying into court its appraised value of $8,000 and taking possession. Minshall answered and on trial to a jury had verdict and judgment for $13,750. To reverse that judgment the city prosecutes this writ. Five errors are assigned, i. e., 1. Incompetency of witnesses; 2. incompetent testimony of Minshall; 3. refusal of a tendered instruction; 4. the giving of instructions 3 and 7; 5. excessive verdict.

1. Minshall’s witnesses, Kidder, McMillan, and…