Smith v. Mississippi State Highway Commission

The Mississippi State Highway Commission, by eminent domain proceedings in the county court, sought to condemn a right-of-way for Interstate Highway No. 59 across a tract of land. With Miss Janie Inez Smith, the owner, was joined Jordan Gatlin, a leaseholder of a portion of the lands, also as a defendant.

The jury, on the hearing, fixed the damages of Miss Smith at $27,000 and the damages of Jordan Gatlin at $1,750.

From the judgment entered thereon, the Highway Commission appealed. The learned circuit judge, after a consideration thereof, was of the opinion that the appeal of the Highway…