State v. Williams

JONES, Justice.

This is a condemnation case in which the State acquired 7.2 acres from a 48-acre tract on which the landowner lived and operated a farm. Because of our decision to reverse and remand, the issue presented will be discussed more or less abstractly. The landowner was permitted to testify over proper objection, that, because of a pre-existing lung condition, he would be forced to leave his home due to the increased fumes caused by the diesel-powered truck traffic upon the newly constructed road. We hold that this testimony was *427inadmissible as going to an element of personal injury…