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293 Ala. 593

State v. Pugh

Supreme Court of Alabama

Decided February 13, 1975

Supreme Court of Alabama · decided 1975-02-13

Cited by 4 later decisions — most recently March 1983

4 state decisions

Key passage — most relied on by later courts

“"`In several cases we have said in effect that where the issue involved in the trial of a condemnation case relates solely to damages and compensation to which a landowner is entitled, and the amount of the verdict of the jury is not questioned on appeal, assignments of error relating to the correctness of jury charges, jury arguments, and rulings on evidence which deal with damages and compensation, cannot work a reversal. — State v. LeCroy, 279 Ala. 428 , 186 So.2d 142 ; State v. Dunlap, 279 Ala. 418 , 186 So.2d 132 ; State v. Jackson, 279 Ala. 425 , 186 So.2d 139 ; State v. Young, 279 Ala. 426 , 186 So.2d 140 ; State v. Graf, 280 Ala. 71 , 189 So.2d 912 ; State v. Peinhardt, 270 Ala. 627 , 120 So.2d 728 ; State v. East Woodland Hills, Inc., 281 Ala. 430 , 203 So.2d 447 . "`For other cases to like effect see Alabama v. Ferguson, supra [ 269 Ala. 44 , 110 So.2d 280 ]; Cooper v. Watts, 280 Ala. 236 , 191 So.2d 519 ; Southern Railway Co. v. Edmunds, 280 Ala. 247 , 192 So.2d 451 .. . .'" State v. Ward, supra, 293 Ala. at 519 , 306 So.2d at 267 (1975). See also State v. Hines, 293 Ala. 509 , 306 So.2d 259 (1975); State v. Pugh, 293 Ala. 593 , 308 So.2d 248 (1975).”

quoted by 1 later decision, including State v. Long

Relies on Mims v. Mississippi Power Company · State v. Ward · State v. Hines

Good law ✅— No negative treatment on recordhow we know

Decided 1975-02-13

View the full empirical analysis of this case →

FAULKNER, Justice.

¶1This is an appeal by the State of Alabama from a judgment of the Circuit Court of Shelby County in a highway condemnation proceeding. The only issue before the court was the amount of compensation due the appellees, James and Mar-line Pugh, for 5.60 acres of land.

¶2There are eight assignments of error cited by the State, All of these assignments deal with the trial judge’s actions in ruling on the admissibility of evidence, limiting the argument of counsel and supposedly injecting himself too fervently into the trial of the cause, to the prejudice of the State. We note, however, that not one of these assignments deals with the proposition that the jury’s award was excessive. Because of that fact we are bound to affirm.

¶3In Mims v. Mississippi Power Company, 282 Ala. 90, 209 So.2d 375 (1968), this court reiterated:

“In several cases we have said in effect that where the issue involved in the trial of a condemnation case relates solely to damages and compensation to which a landowner is entitled, and the amount of the verdict of the jury is not questioned on appeal, assignments of error relating to the correctness of jury charges, jury arguments, and rulings on evidence which deal with damages and compensation, cannot work a reversal.” (Citations omitted.)

¶4This same point was upheld very recently in the case of State of Alabama v. Hines, 293 Ala. 509, 306 So.2d 259 (Jan. 16, 1975), and in State of Alabama v. Ward, 293 Ala. 516, 306 So.2d 265 (January 9, 1975).

¶5Affirmed.

BLOODWORTH, JONES, ALMON, and EMBRY, JJ., concur.
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