{
  "id": 8723069,
  "name": "ARKANSAS STATE HIGHWAY COMM'N v. Cecil PRUITT & Louise Pruitt",
  "name_abbreviation": "Arkansas State Highway Comm'n v. Pruitt",
  "decision_date": "1971-12-14",
  "docket_number": "5-5400",
  "first_page": "682",
  "last_page": "684",
  "citations": [
    {
      "type": "official",
      "cite": "249 Ark. 682"
    },
    {
      "type": "parallel",
      "cite": "460 S.W.2d 316"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "415 S. W. 2d 643",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "year": 1967,
      "opinion_index": 0
    },
    {
      "cite": "242 Ark. 287",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        8719072
      ],
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/ark/242/0287-01"
      ]
    }
  ],
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    "simhash": "1:70692aef771078e2",
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  "last_updated": "2023-07-14T17:50:24.525274+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ARKANSAS STATE HIGHWAY COMM\u2019N v. Cecil PRUITT & Louise Pruitt"
    ],
    "opinions": [
      {
        "text": "Frank Holt, Justice.\nIn this condemnation proceeding the State acquired 21.79 acres of appellees\u2019 lands. This acquisition, which was needed in the relocation of a controlled access facility, bisected a 200-acre tract of appellees\u2019 lands. The landowners\u2019 witness, Doyle Greer, estimated their damages at $29,000. Two expert witnesses for the landowners testified that damages amounted to $27,500 and $24,700 respectively. Value witnesses for the State estimated appellees\u2019 damages at $12,000, $11,350 and $10,850 respectively. The jury awarded $22,000 to the landowners.\nOn appeal appellant asserts for reversal that the trial court erred in overruling its motion to strike the testimony of Mr. Greer as to the value of the property before the taking because this witness testified \u201cto the value of the property to him, or what he would give for it, rather than the fair market value\u201d of the property; therefore, says appellant, he gave no substantial evidence to support his value testimony. We find no merit in these two contentions.\nAppellant primarily relies for its position upon these extracts from Mr. Greer\u2019s testimony. On cross-examination:\n\u201cQ. Wasn\u2019t what you are testifying to what you would give for it, sir?\nA. Yes, sir.\u201d\nThen, on re-direct examination:\n\u201cQ. And your values were placed on there based on your experience buying and selling real estate in th.. area?\nA. Yes, sir.\u201d\nAnd again, on recross-examination:\n\u201cQ. What you are testifying to is what you would give for that land and what you yourself have given for it?\nA. Yes, sir.\u201d\nThese quotations from Mr. Greer\u2019s testimony are, of course, only a small portion thereof. It appears from Mr. Greer\u2019s lengthy testimony that he is the owner of lands which adjoin the appellees\u2019 lands; that for more than twenty years he has engaged in the buying and selling of real estate in this area; that at the time of the taking of appellees\u2019 lands Mr. Greer owned about 500 acres in separate tracts located in this area which is near the city of Cabot; that during the last ten years he has bought and sold more than 50 tracts of land in the Cabot area; and that his livelihood consists mainly of buying tracts or farms and subdividing them into smaller tracts, which activity included a tract that adjoins appellees\u2019 lands.\nWe are of the view that the trial court properly overruled appellant\u2019s motions to strike Mr. Greer\u2019s testimony. His answer on cross-examination as to what he would give for the land was an isolated part of his total testimony and only one factor bearing upon the basis of his before value of the property in question.\nMr. Greer demonstrated a familiarity with appel-lees\u2019 lands, its advantages and present and future uses, all of which were based upon a longstanding knowledge of the fair market value of this and other lands in this area. He was a competent witness. Arkansas State Highway Comm. v. Holt, 242 Ark. 287, 415 S. W. 2d 643 (1967).\nIn the circumstances, Mr. Greer\u2019s expression on cross-examination as to the value of the property to him, when construed with reference to his total testimony, goes only to the weight rather than to the admissibility of his testimony. Certainly it must be said that Mr. Greer\u2019s testimony as to the fair market value of the property before the taking constitutes substantial evidence.\nAffirmed.",
        "type": "majority",
        "author": "Frank Holt, Justice."
      }
    ],
    "attorneys": [
      "Thomas B. Keys, George O. Green ir Hubert E. Graves, for appellant.",
      "Charles A. Walls, for appellees."
    ],
    "corrections": "",
    "head_matter": "ARKANSAS STATE HIGHWAY COMM\u2019N v. Cecil PRUITT & Louise Pruitt\n5-5400\n460 S. W. 2d 316\nOpinion delivered December 14, 1971\nThomas B. Keys, George O. Green ir Hubert E. Graves, for appellant.\nCharles A. Walls, for appellees."
  },
  "file_name": "0682-01",
  "first_page_order": 704,
  "last_page_order": 706
}