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STATE v. WILLIAMS

79-326.

386 So.2d 426 (1980)

STATE of Alabama v. Dempsey Lee WILLIAMS et al.

Supreme Court of Alabama.

July 25, 1980.

Attorney(s) appearing for the Case

J. G. Speake, of Speake, Speake & Reich, Moulton, for appellant.

Kenneth Shelton, Decatur, for appellees.

JONES, Justice.

This is a condemnation case in which the State acquired 7.2 acres from a 48-acre tract on which the landowner lived and operated a farm. Because of our decision to reverse and remand, the issue presented will be discussed more or less abstractly. The landowner was permitted to testify over proper objection, that, because of a pre-existing lung condition, he would be forced to leave his home due to the increased fumes caused by the diesel-powered truck...

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