The record discloses defendant had in no manner made its position known to the court below nor was the claimed fault called to its attention either by adequate objection or motion to strike. No question may be brought to this court except that upon which it is made to appear that the trial court has had fair opportunity to pass judgment.
We held in City of Barre v. Brown that exceptions are unnecessary. Under our new Procedure Act a party must either object at the time a ruling on a question of law is made below or make known the action which he desires the court to take, otherwise there is nothing for this Court to consider or review.'
For lack of proper and adequate objection, the question defendant attempts to raise is not for consideration.
At the conclusion of the court's charge to the jury, the defendant made this objection: 'I have just one objection. I believe there was testimony over my objection as to the amounts of other awards in the area and I would object to the failure of the Court to charge the jury that the awards in the area should have no bearing whatever on the amount of damage that they find for the Plaintiff in this case.' The transcript does not show any comment, or a ruling, by the court to the objection.
The defendant urges it was the duty of the court to instruct the jury on the subject-matter stated in its objection or exception. The real, or basic, issue in the case was the amount of damages required to fairly compensate the plaintiffs for the taking. The testimony as to other awards in the area arose during the cross-examination of defendant's expert witness. The witness did not testify concerning specific properties, give detailed evidence about them, or the amount of any specific or individual award. He gave no dollar value of any award, either generally or specifically. As we have pointed out, the evidence came in without adequate objection being made. Thus, the subject-matter was not a matter of issue but rather was strictly one of evidence. It cannot be stated as an absolute proposition, or rule, that evidence improperly admitted without objection is not for consideration of the jury. Our cases run contra to this.