BOARD OF EDUCATION v. BOTHWELL AND SWANER COMPANY

No. 10072.

16 Utah 2d 341 (1965)

400 P.2d 568

BOARD OF EDUCATION OF SALT LAKE CITY, A PUBLIC CORPORATION, PLAINTIFF AND RESPONDENT, v. BOTHWELL AND SWANER COMPANY, A CORPORATION, AND FLOYD B. BOTHWELL, TRUSTEE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

April 2, 1965.


Attorney(s) appearing for the Case

Robert S. Campbell, Jr., Parsons, Behle, Evans & Latimer, Salt Lake City, for defendants and appellants.

Richard H. Nebeker, Marr, Wilkins & Cannon, Salt Lake City, for plaintiff and respondent.


HENRIOD, Chief Justice:

Appeal from a jury verdict in a condemnation suit. Remanded for a new trial as to damages only. Costs to defendants.

The only point of moment on appeal is whether the trial court erred in precluding one Nielsen, appraiser called by defendants, from testifying as to the market value of the subject property. We believe and hold that under the circumstances of this case there was such error requiring a new trial as to damages.

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