[Download] "Edward M. Babinec and Martha Babinec v." by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Edward M. Babinec and Martha Babinec v.
- Author : Supreme Court of Alaska
- Release Date : January 24, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
MATTHEWS, Justice. OPINION. This condemnation case is before us for the second time. The facts are stated in our first opinion, Babinec v. State, 512 P.2d 563 (Alaska 1973), and will not be repeated here. We held there that the trial court had erred in instructing the jury that for evaluation purposes only one parcel of land was involved, rather than two as the property owners' experts had contended, and reversed for a new trial. Upon re-trial the jury awarded the property owners $113,625. 1 They appeal, claiming errors concerning evidentiary rulings and instructions to the jury, and asserting that the verdict is against the weight of the evidence. The state has cross-appealed from the trial court's refusal to award it interest on the difference between the amount it deposited at the beginning of this case, $190,750, and the verdict.