A. S. Moyer and Nita Moyer v. United States

Being dissatisfied with the jury’s verdict, the defendants in this condemnation case seek a new trial. In support of their request, the defendants allege that the trial court erred in two particulars.

The first assignment of error goes to the trial court’s having admitted into evidence an aerial photograph which defendants claim did not accurately depict their property. The second assignment of error relates to certain maps which the Government supplied defendants during pretrial proceedings and which defendants claim were represented as being identical to those that the Government would introduce into evidence during trial. The maps actually introduced are alleged to be at variance with those theretofore given to defendants which fact was not “discovered” by defendants until' after the trial was concluded. Further, defendants allege prejudice in that maps offered by the Government during trial contradicted each other.

In regard to the first claimed error, admission of photographs into evidence is within the sound discretion of the trial court. Willis v. Pennsylvania Railroad Company, 269 F.2d 549 (4th Cir., 1959); Chicago G. W. R. Co. v. Robinson, 101 F.2d 994 (8th Cir., 1939),…