Lambrecht v. State Highway Commission

The issues are: Was it error to admit the opinion evidence as to value based in part upon capitalization of income and, if so, was it prejudicial error?

The defendant, State Highway Commission, moved for a new trial upon the following grounds: (1) Because of errors in trial, and (2) in the interests of justice.

In the affidavit in support of the motion, one of the errors at law alleged by the defendant was “over objection, the expert witnesses for plaintiffs based their opinions of value upon an ‘income approach’ basis, which was admittedly founded upon testimony in a prior proceeding as to net…