Ark. State Hwy. Comm. v. Schmoll

George Rose Smith, Justice.

In this condemnation suit, brought by the Highway Commission, the. jury fixed the value of the land being taken at $26,450. The Commission argues two points for reversal.

First, it is contended that the Commission was unfairly taken by surprise at the trial when the landowner was allowed to prove, without having pleaded, that the tracts being condemned comprised about four acres more than the figures asserted in the Commission’s complaint. That contention arises from this set of facts:

By the complaint the Commission sought to acquire two tracts of land. Tract No.…