Posey v. St. Clair County

MERRILL, Justice.

St. Clair County filed a condemnation proceeding against appellants to secure a strip of land 60 feet wide, consisting of 1.8 acres, running through 40 acres of appellants’ land, for an access road to a new limited access highway. A final decree of condemnation was entered in the probate court awarding the sum of $2,000 damages pursuant to the report of the appointed commissioners.

St. Clair County appealed to the circuit court and, upon a trial by jury, no damages were awarded to appellants. A motion for a new trial was overruled.

During the course of the trial, one of the…