STATE, ROAD COMMISSION v. WHITE

No. 10832.

449 P.2d 114 (1969)

22 Utah 2d 102

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Respondent, v. Eva WHITE and Noel White, her husband, Defendants and Appellants.

Supreme Court of Utah.

January 7, 1969.


Attorney(s) appearing for the Case

Brant H. Wall, Salt Lake City, for appellants.

Phil L. Hansen, Atty. Gen., Warren M. Weggeland, Salt Lake City, Asst. Atty. Gen., for respondent.


HENRIOD, Justice.

This case, reassigned to the author, has to do with a condemnation proceeding where the state took part of the defendants' land. Part was on one side and part was on the other side of an existing highway. Situate on the land taken were a cafe, dwelling house, an old frame house, and a ten-unit motel.

During the trial, the jury, without the trial court's knowledge, was permitted, against the court's suggestion, to view the inside of the structures...

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