3,535 ACRES OF LAND, ETC. v. United States, 11016.

• Decision Date: 30 January 1945
• Docket Number: No. 11016.,11016.
• Citation: 146 F.2d 872
• Parties: 3,535 ACRES OF LAND, MORE OR LESS, IN JACKSON COUNTY, FLA., et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — Fifth Circuit

146 F.2d 872 (1945)

3,535 ACRES OF LAND, MORE OR LESS, IN JACKSON COUNTY, FLA., et al. v. UNITED STATES.

No. 11016.

Circuit Court of Appeals, Fifth Circuit.

January 30, 1945.

John M. Coe, of Pensacola, Fla., and James H. Finch, of Marianna, Fla., for appellant.

George S. Swarth and Vernon L. Wilkinson, Attys., Dept. of Justice, both of Washington, D. C., and Norman M. Littell, Asst. Atty. Gen., Lands Division, Dept. of Justice, George Earl Hoffman, U. S. Atty., of Pensacola, Fla., and John T. Wigginton, Sp. Atty., Dept. of Justice, of Milton, Fla., for appellee.

Before McCORD, WALLER, and LEE, Circuit Judges.

McCORD, Circuit Judge.

On April 20, 1942, the United States filed a petition for condemnation of certain lands in northern Florida for the purpose of establishing an air field. All the properties in question were transferred to the Government on agreed stipulated prices except tracts known and designated as Nos. 4 and 7. The judgment was entered November 19, 1943. Upon the return of a verdict fixing compensation for these two tracts, we have only the appeal of Mrs. Annie E. Bryan, who owned the tract of land known as No. 7, which consisted of 540 acres.

A consolidated trial before a single jury was had as to all the tracts of land in question, being numbers 4, 5, 6, 7 and 15.

At the conclusion of the trial the court prepared a form of verdict containing stipulated awards for the tracts of land of the certain owners other than appellant. This form set out the amounts to be paid to the owners who had agreed upon a stipulated award, and left the blank spaces to be filled in by the jury as to the value of Tracts No. 4 and 7.

The court did not err in furnishing to the jury a form of verdict and in permitting the stipulations to be introduced in evidence, as they were not permitted to go to the jury. In admitting them the court informed the jury, "These stipulations are admitted only as between the parties thereto and the United States. They have no bearing on the parcels on trial and will not be exhibited to this jury." Since the stipulations were not admitted as against appellant, her objection was sustained. The record shows that the stipulations "were not exhibited to the Jury and the Jury did not have access to them." The prepared form was to aid the jury in arriving at a verdict and to prevent confusion, and no error was committed in thus aiding the jury in its deliberations.

Much evidence was introduced as to the value of the property in question, and the jury was permitted to go upon the lands and inspect them. The court in a clear and lucid charge covered every phase of the law touching the condemnation of lands here involved, and was careful to explain to the jury that the personal inspection of the land was to be taken and considered along with all the evidence in the case.

The court, over the objection of ...