State Ex Rel. Road Commission v. Noble

WADE, Justice.

The State brings this appeal from a judgment in a condemnation case awarding Mr. and Mrs. Noble $175,000. In a former appeal we reversed an award of $150,000 because it was not supported by substantial evidence and remanded the case for a new trial.1 For a more detailed statement of the facts and our holdings on that appeal see the former opinion.

On the retrial the jury returned a verdict for $25,000 more than the previous verdict. On the State’s petition the trial court ordered a new trial unless the defendants offered to remit $35,000 from such judgment and further ruled that…