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CITY OF RAPID CITY v. BROWN

No. 11898.

252 N.W.2d 323 (1977)

CITY OF RAPID CITY, a Municipal Corporation under the laws of the State of South Dakota, Petitioner and Appellant, v. Fred H. BROWN and Gladys M. Brown, husband and wife, as joint tenants, Defendants and Respondents, and Small Business Administration and Pennington County, South Dakota, Defendants.

Supreme Court of South Dakota.

April 15, 1977.

Attorney(s) appearing for the Case

Gregory A. Eiesland and Gene N. Lebrun, of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for petitioner and appellant.

Dennis H. Hill and Richard O. Sharpe, of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendants and respondents.

McKEEVER, Circuit Judge.

This is an appeal from a condemnation action in which a jury awarded Fred H. and Gladys M. Brown (the Browns), defendants and respondents, $155,000. On appeal, the City of Rapid City (City), petitioner and appellant, claims that the trial court erred by giving a missing-witness instruction which authorized the jury to infer that the testimony of a witness, who was not called to testify, would be unfavorable to the City. Also the City claims...

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