State ex rel. Smith v. Wilkinson - Snowden - McGehee, Inc.

NEARN, Judge.

This appeal of a condemnation matter presents the single issue of whether a party may prove that his expert witness was initially employed as such by adversary in the same matter.

The issue an.se in this manner. The State condemned 1.357 acres of the owner’s 23.707 acre tract for the improving of a portion of State Route 4. The State’s value witnesses testified as to land and damages to the remainder, viz.:

Name Land Damages

Owen $49,531.00 $ -0-

Phelps 41,378.00 17,424.00

The owner’s value witnesses testified, viz.:

Name Land Damages

Chandler $69,986.13 $413,120.00

Shepherd 79,799.85 •…