M Civ JI 90.22 Effect of View

During the course of this trial, you were taken to the subject property. In addition to the testimony which you have heard and the exhibits which you have seen here in the courtroom, you may also consider what you saw when you visited the property if you believe the things you saw would be helpful to you in reaching a decision.

Note on Use

This instruction should be given in lieu of M Civ JI 3.12, since in a condemnation case the view encompasses the item to be valued.

Comment

See In re Grand Haven Highway, 357 Mich 20; 97 NW2d 748 (1959); In re Widening of Michigan Avenue, 299 Mich 544; 300 NW 877 (1941); In re Widening of Bagley Avenue, 248 Mich 1; 226 NW 688 (1929).

History

M Civ JI 90.22 was added February 1, 1981.