Childrens' Home, Inc. v. State Highway Board

O’Brien, Superior Judge,

dissenting.

I am unable to concur with the majority opinion.

The first witness called by the plaintiff was Thomas P. Mayo, who identified himself as a Right-of Way Agent in charge of the Court -Liason section of the Right-of-Way Division of the defendant State Highway Board. At the conclusion of the plaintiff’s examination of Mr. Mayo he was then examined by counsel for the defendant. Of course he was the defendant’s witness, although the transcript refers to this as cross-examination.

Commencing at page 50 of the transcript, the following took place:

“Q Is the State…