Glover v. Department of Transportation

Carley, Judge.

Appellants appeal from the denial of their motion for new trial after entry of judgment on a verdict in a condemnation proceeding. During the trial, appellee-condemnor introduced testimony that the value of the property was $6,600. The appellants then produced three witnesses whose testimony placed the value of the property at $22,650, $30,000 and $34,000 respectively. The verdict returned by the jury was in the amount of $13,500.

The sole issue presented for resolution is the legal soundness of the following jury instruction: “The burden of proof in this case is upon the…