Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

IN RE APPROPRIATION FOR HWY. PURPOSES OF LAND OF O'DONNELL ET AL.

Appropriation of property — Rule of valuation — What property worth generally for any suitable purpose — Refusal to charge jury — Prejudicial error.

Per Curiam.

Appellants were entitled to have the trial court instruct the jury in accordance with the principle enunciated in paragraph three of the syllabus of Sowers v. Schaeffer (1951), 155 Ohio St. 454, which provides:

"The rule of valuation in a land appropriation proceeding is not what the property is worth for any particular use but what it is worth generally for any and all uses for which it might be suitable, including the most valuable uses to which it can reasonably and practically be adapted."

Inasmuch as it is clear from the record in this case that the trial court refused to so instruct the jury over objection by counsel for appellants, we determine that there is error prejudicial to appellants and that the judgment of the Court of Appeals should be reversed. See, also, Cincinnati Springfield Ry. Co. v. Longworth (1876), 30 Ohio St. 108; Bd. of County Commrs. v. Thormyer (1959), 169 Ohio St. 291.

Judgment reversed.

TAFT, C.J., MATTHIAS, O'NEILL, SCHNEIDER, HERBERT, DUNCAN, and CORRIGAN, JJ., concur.

Use AI to get other relevant cases.

Comments

IN RE APPROPRIATION FOR HWY. PURPOSES
(Nov 12, 1969)