[Download] "State Missouri v. Elwyn Loomis Cady" by Kansas City District Missouri Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: State Missouri v. Elwyn Loomis Cady
• Author : Kansas City District Missouri Court of Appeals
• Release Date : January 07, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Plaintiff-appellant filed a petition to condemn certain lands for Route CC in Livingston County which included a taking of
certain right-of-way from defendants-respondents. Condemnation was ordered and commissioners were appointed by the court.
Their report found no net damages due defendants. Defendants duly filed their exceptions to the report of commissioners and
the case was set down for trial by jury. Upon trial defendants assumed the burden of proof and were accorded the right to open and close. The petition described the
taking as 0.52 acre of new right-of-way, and 1.21 acres for construction and maintenance of a channel change. Defendants'
first offer of proof was an unsuccessful request that the court take judicial notice of a sale of a tract reportedly contiguous
to the tracts in question. The only other evidence offered by defendants was the testimony of their son who was also their
attorney. Over objection of plaintiff, he stated that at a time just before the petition was filed the one acre of land which
was immediately contiguous or adjacent to the land in question sold at auction for "special purposes" and brought twenty-one
hundred dollars. The witness admitted on cross-examination both in open court and outside the hearing of the jury that he
had no personal knowledge of such facts and that any knowledge he had was acquired through hearsay. He also admitted he was
not an expert on land values. The numerous timely objections to this offer were eventually sustained. Upon this state of the
record the defendants rested, and, upon motion by plaintiff, the court directed a verdict for the plaintiff. This was accomplished
by the giving of Instruction No. 1, which is as follows:

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