M Civ JI 90.23 Range of Testimony

In reaching a verdict, you must keep within the range of the testimony submitted. You may accept the lowest figure submitted as to a particular item of damage, the highest figure submitted, or a figure somewhere between the highest and lowest. You may not go below the lowest figure or above the highest figure submitted.

In this case, the lowest valuation placed in evidence for the property is $________.____ and the highest valuation is $________.____. Any award between those two figures would be a proper jury verdict; any award which is not between those two figures would not be a valid jury verdict.

Note on Use

The second paragraph of the instruction is appropriate only in a total taking case without the issues contemplated by M Civ JI 90.12 Partial Taking; 90.14 Date of Valuation: Early Date of Taking; 90.18 Total Taking (destruction of practical value or utility); 90.19 Benefits; 90.21 Compensable Business Property: Measure of Compensation, or other damage claims. Where those issues are involved, the second paragraph of the instruction may require modification.

Comment

See In re Grand Haven Highway, 357 Mich 20; 97 NW2d 748 (1959); In re Acquisition of Land for Civic Center, 335 Mich 528; 56 NW2d 375 (1953).

History

M Civ JI 90.23 was added February 1, 1981.