208 Wis. 583 | Wis. | 1932
The parties agree that the only point in this case is whether, assuming the plaintiff’s witnesses to have been competent to testify, there was any competent evidence offered on the part of the city to contradict the valuation set by them.
Sec. 70.32, Stats., provides that real estate shall be assessed at “the full value which could ordinarily be obtained therefor at private sale.” While the sale value is the point to which the evidence must be addressed, the board of review was not confined solely to the testimony of the witnesses in arriving at its determination. The prospectus, book value, appraisals procured by the plaintiff, and the amount of insurance carried might properly be considered by the board of review. It was recently held by this court that the book value set up by the owner and the price at which he listed the property for sale might be considered in fixing an assessment. Worthington Pump & M. Corp. v. Cudahy, 205 Wis. 227, 237 N. W. 140. Upon like reason the matters above stated were properly for consideration. They were in the nature of admissions by the plaintiff of the sound value of the property assessed, and sound value is an element to be considered in determining what property will sell for at private sale, especially in the case of large industrial plants which from their magnitude and nature cannot have a market value in any strict or real sense.
But aside from this we are of opinion that the witnesses who were sworn by the city were eminently qualified to testify. To state their qualifications in detail would unreasonably extend this opinion. One of them was Mr. Hartt, a consulting engineer of Madison. Five pages of respondent’s
It is contended by appellant’s counsel that as the witnesses of respondent did not participate in the sales to which they testified, their knowledge of sale price was based wholly upon hearsay and insufficient to entitle it to consideration and that their want of knowledge of sale prices gained from personal participation rendered them incompetent. It is also contended that as they never operated, managed, or owned any interest in paper or pulp mills they could not have the intimate knowledge necessary to qualify them as
The appellant bases its case wholly upon the fact that witnesses were held incompetent in the case of State ex rel. Park Falls L. Co. v. Stauber, 190 Wis. 310, 207 N. W. 409, and asserts that the witnesses here produced by the city were as plainly disqualified as were the two witnesses who were held incompetent in that case. Examination of the printed case in that case does not bear this out. We consider that the record here exhibits qualifications and experiences on the part of the witnesses above mentioned superior to those disclosed by the record in the Stauber Case. Judge Risjord, who tried both cases, an experienced trial judge familiar with conditions in upper Wisconsin, was of this opinion. We can hardly conceive it possible for taxing authorities to procure evidence in a contested tax case if witnesses of the experience and qualifications of those here involved are to be excluded.
By the Court. — The judgment of the circuit court is affirmed.