State v. Elder

Ott, J. —

This is a condemnation proceeding in which the jury awarded the sum of $7,600 to the property owner. The evidence of damage and value was highly conflicting, ranging from $82,000 upon the part of the owner’s witnesses to $7,600 upon the part of the state’s witnesses.

The appeal is predicated solely upon the trial court’s alleged error in refusing to give several of appellants’ proposed instructions. None of the instructions which the court gave were excepted to by appellants and they became the law of the case. Pacific Intermountain Express v. Olson, 59 Wn.2d 666, 369 P.2d 856 (1962).…