Naftzger v. State

This proceeding in this court involves the review of a judgment entered by the probate court of Wayne county in an action brought by the state of Ohio to appropriate the property of the defendants for the establishment of a public institution of the state.

The sole question for determination by the jury was the fair market value of the property taken.

We have carefully read and considered the record showing the proceedings of the trial court, and we find that the court erred in charging the jury that the compensation due to the defendant was the “fair cash market value” of the land taken and in…