City of Denver v. Minshall

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

The city brought suit to condemn 639 acres of Minshall'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.

[1-2] 1. Minshall's witnesses, Kidder, McMillan,…