Coalton v. Atkins

I agree with overruling all of Atkins' assignments of error, but I dissent on sustaining the village's cross assignment of error.

*111My primary objection is that the claim of error was raised in this court for the first time. An appropriation case is like any other, and if the claim of error is not raised it is waived. Clearly, Atkins' testimony as to damage to the residue was not presented in the proper form, but that is not the issue here. The village did not object to it, and now relies on this as a ground for reversal.

Atkins' testimony as to the damage to the residue was relevant under the…