West Virginia Department of Highways v. Thompson, 180 W. Va. 114

Summary

The Supreme Court of Appeals of West Virginia held that the trial court improperly excluded qualified expert appraisal testimony in a condemnation proceeding because the appraiser had not personally observed the property before its demolition. The court also held that whether machinery attached to the property constituted fixtures was a factual question for the jury, reversed the judgment, and remanded for a new trial.

Holdings

1. A qualified real-estate appraiser may testify when his specialized knowledge will assist the trier of fact, and the trial court erred by excluding the appraiser's testimony solely because he had not seen the building before it was demolished.
2. Whether the machinery was attached to and adapted to the real estate and was intended to become a permanent accession was a disputed question of fact for the jury, not a question that could be resolved as a matter of law by labeling the machinery personal property.

Questions Presented

1. Whether the trial court improperly excluded a qualified real-estate appraiser's testimony solely because the appraiser had not seen the building before it was demolished.
2. Whether the trial court improperly ruled as a matter of law that the machinery in the industrial plant was personal property rather than fixtures and therefore excluded its value from the condemnation award.

Disposition

reversed_and_remanded