STATE v. MALECKER

No. 38,492.

265 Minn. 1 (1963)

120 N.W. (2d) 36

STATE, BY MILES LORD, ATTORNEY GENERAL, v. WILLIAM MALECKER AND OTHERS. GERARD'S INCORPORATED, APPELLANT.

Supreme Court of Minnesota.

February 21, 1963.


Attorney(s) appearing for the Case

Carroll & Perbix, for appellant.

Walter F. Mondale, Attorney General, Rolf O. Slen, Deputy Attorney General, and Leo W. Cavanaugh, Special Assistant Attorney General, for respondent.


OTIS, JUSTICE.

The appellant, Gerard's Incorporated, seeks review of an order denying a new trial conditioned on an additur, arising out of the condemnation of property taken for highway purposes by the State of Minnesota. It is the contention of Gerard, the owner, that in testifying to damages its witnesses were entitled to consider the diminution in value of individual lots and to present to the jury the aggregate depreciation of the total number rather than restricting...

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