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Show NEW TRIAL ORDERED IN SCHOOL CASE Fifth District Judge C. Nelson Nel-son Day has ordered a new trial in the condemnation suit of the Beaver County Board of Education vs. Dan Davis of Minersville. The plaintiff Board of Education Edu-cation asked for a new trial after a jury awarded Mr. Davis Da-vis $2,000 for less than half an acre of ground adjacent to. the Minersville Elementary School, which the Board sought to purchase, and was forced to institute condemnation condemna-tion proceedings. Mr. Davis contended during' the trial that he needed this land for his garage business, to care for anticipated increase, when a highway was completed complet-ed which would pass by his business. Plaintiff Board of Education claimed that the jury verdict was against the evidence, based on passion and prejudice, preju-dice, and was excessive. J. C. Smith, at the trial, valued val-ued the land at $750 and Wilbur Wil-bur R. Hardy of American Fork, another appraiser, valued val-ued it at $575. Mr. Davis valued val-ued the land at $4,000 to $5,000 including damages to his present pres-ent business. A vacant lot IV2 blocks from the property in question was sold in 1963 for $300. The Board of Education' previously offered Mr. Davis $1,000 for his property. Judge Day said in his order for new trial, "The jury is not entitled to speculate on mere possibility in the future . . . The court finds no substantial basis for the jury finding of a value of $2,000 and while the court is mindful that the-jury the-jury verdict is not lightly to be overruled, yet when there is no substantial or real basis for such verdict the court should not hesitate to overrule over-rule the same." The court offered the alternative alter-native to Mr. Davis of accepting accept-ing the original offer of the Board of Education of $1,000, or entering a new trial, allowing allow-ing 20 days from April 24 for his decision. |