Department of Transportation Ex Rel. People v. Central Stone Co.

JUSTICE GREEN,

specially concurring:

I concur in the decision of the majority to reverse and remand for a new trial because of error in the admission of the testimony of the witness, Newman. However, I deem the issues raised by that testimony to be closer than does the majority. I question whether error in the refusal to strike the testimony can be sufficiently explained by describing the testimony as valuing only the limestone reserves rather than the land as a whole.

Certainly, Newman did not “appraise separately the mineral deposit and add its value to the value of the land without the…