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DEPT. OF PUBLIC WORKS AND BLDGS. v. CRUMBAUGH

Nos. 11335-11350 cons.

1 Ill. App.3d 761 (1971)

274 N.E.2d 161

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Petitioner-Appellant, v. ETHEL CRUMBAUGH, et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

October 8, 1971.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, (William P. Ryan, Assistant Attorney General, of Springfield, Richard E. Quinn, Special Assistant Attorney General, of Peoria, and William B. Lawrence, Special Assistant Attorney General, of Bloomington, of Counsel,) for appellants.

Costigan & Wollrab, of Bloomington, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE SMITH delivered the opinion of the court:

Eminent domain proceeding. The question is a narrow one — evidentiary. It involves the exclusion of evidence. Of course, if such was proper we simply affirm. On the other hand, if improper, we do not necessarily reverse as a second question then arises. Was such error so pervasive that we must assume that the verdict might have been otherwise and thus a new trial the...

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