{
  "id": 1730911,
  "name": "Ark. La. Gas Co. v. Lawrence",
  "name_abbreviation": "Ark. La. Gas Co. v. Lawrence",
  "decision_date": "1965-04-26",
  "docket_number": "5-3534",
  "first_page": "365",
  "last_page": "367",
  "citations": [
    {
      "type": "official",
      "cite": "239 Ark. 365"
    },
    {
      "type": "parallel",
      "cite": "389 S.W.2d 431"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
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  "cites_to": [
    {
      "cite": "217 S. W. 2d 357",
      "category": "reporters:state_regional",
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      "cite": "214 Ark. 523",
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      "cite": "213 Ark. 665",
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    {
      "cite": "236 Ark. 66",
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      "reporter": "Ark.",
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    {
      "cite": "301 S. W. 2d 309",
      "category": "reporters:state_regional",
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      "opinion_index": 0
    },
    {
      "cite": "227 Ark. 739",
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      "reporter": "Ark.",
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        1705508
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    {
      "cite": "229 Ark. 27",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "weight": 2,
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  "analysis": {
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  "last_updated": "2023-07-14T18:55:14.179779+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ark. La. Gas Co. v. Lawrence"
    ],
    "opinions": [
      {
        "text": "Jim Johnson, Associate Justice.\nThis condemnation appeal involves the admissibility of a plat or survey.\nAppellant Arkansas Louisiana Gas Company filed its complaint in Hot Spring Circuit Court on June 4, 1963, against appellees Margaret and T. F. Lawrence seeking to acquire a fifty foot easement for a pipeline across appellees \u2019 property. Appellant deposited $176 into the registry of the court. The case was tried to a jury on June 29, 1964, and the jury returned a verdict for appellees in the sum of $800.00.\nAt trial one of the appellees testified that they owned a twenty acre parcel of land (which the gasline easement crosses) and that he contemplated using the property for a housing project. He introduced a plat of the twenty acre tract, made by someone not called as a witness, showing the property laid out in 52 lots. Appellant\u2019s objection to the introduction of the plat was overruled by the trial court. On this point appellant has appealed, urging that the court erred in permitting the introduction into evidence of an unauthenticated private plat. Appellee\u2019s testimony about value of the individual lots, which was clearly not admissible (Arkansas State Highway Commission v. Watkins, 229 Ark. 27, 313 S. W. 2d 86), was not objected to.\nIt is not necessary for us to decide whether appellee could have authenticated a plat without testimony of the maker. Maps or plats of subdivisions have properly been admitted into evidence in condemnation cases (Arkansas State Highway Commission v. O. & B., Inc., 227 Ark. 739, 301 S. W. 2d 309; Arkansas State Highway Commission v. Witkowski, 236 Ark. 66, 364 S. W. 2d 309) for certain purposes, where a subdivision is in esse at the time of the taking. In the case at bar, however, appellee admitted on cross-examination that the man who surveyed his property staked each corner of each lot, but the stakes were no longer there, that the plat had never been filed [Ark. Stat. Ann. \u00a7 17-1201 et seq. (Supp. 1963)], the road shown on the plat had not been dedicated or, apparently, even built, and certainly there was no evidence that any lot had ever been offered for sale. Thus, no subdivision existed. The plat, showing lots, was not a fair representation of the property at the time of the taking. Howell v. Baskins, 213 Ark. 665, 212 S. W. 2d 353; Sanders v. Walden, 214 Ark. 523, 217 S. W. 2d 357. As said in 32 C. J.S., Evidence, \u00a7 730, p.1050:\n\u2018 \u2018 Generally, a map . . . must be accurate in order to warrant its admission, that is to say, the paper must correctly represent the situation as it existed at the time under consideration; and a diagram showing a hypothetical condition and not shown to represent any condition actually existing, . . . is not admissible. \u201d\nFor the error in the introduction of the plat, the case is reversed and the cause remanded for a new trial.",
        "type": "majority",
        "author": "Jim Johnson, Associate Justice."
      }
    ],
    "attorneys": [
      "Cole & Scott, for appellant.",
      "No brief filed for Appellee."
    ],
    "corrections": "",
    "head_matter": "Ark. La. Gas Co. v. Lawrence\n5-3534\n389 S. W. 2d 431\nOpinion Delivered April 26, 1965.\nCole & Scott, for appellant.\nNo brief filed for Appellee."
  },
  "file_name": "0365-01",
  "first_page_order": 393,
  "last_page_order": 395
}