State Ex Rel. Department of Highways v. Weaver

In this proceeding in condemnation the State of Oklahoma, ex rel. Department of Highways as plaintiff, appropriated a strip of land for a roadway across the cattle ranch of the defendant, Jake Weaver.

After the commissioners appointed by the court to appraise the damages had filed their report, the defendant demanded a jury trial which resulted in a verdict and judgment in favor of defendant for $8,000 damages and plaintiff brings this appeal.

To reverse the judgment, plaintiff first contends that the court erred in admitting certain testimony bearing upon the measure of damages. The testimony…