McLemore v. Alabama Power Company

(dissenting in part) :

I dissent from the majority with respect to certain errors as indicated below.

Assignments 25, 27, 30, and 34

Appellant asserts that the trial court erred in admitting, over objection, testimony that similar land had been sold for a certain price.

Appellee’s expert witness, a land appraiser, was permitted to testify on direct examination that certain allegedly similar and comparable tracts of land had been sold for certain prices. For example, the witness testified that, in his appraisal of the lands of appellant, the witness had considered a sale of other .land, one…