Scott v. City of Columbus
Scott v. City of Columbus
Opinion of the Court
1. Under Section 19, Article 1, of the Ohio Constitution, and within the due process clause
2. In an appropriation proceeding brought by a municipality under Chapter I, Division II, Title XII, General Code, application was made to appropriate two separate adjacent tracts of land owned by separate owners as if they comprised one tract owned by joint owners, and trial proceeded on that theory. The owners appeared at the trial and themselves offered evidence as to the value of the two tracts as a whole, and tendered no evidence as to the value of the separate tracts, making no objection that the two tracts should be valued separately until after an assessment of the value of the two tracts was made 'in a lump sum by the jury. Such action amounts to a waiver of the right to question the proceedings.
. Judgment affirmed.
Reference
- Full Case Name
- Daisy M. Scott and Annie Neil Scott v. The City of Columbus, Ohio
- Status
- Published