Alexander v. State Highway Commission

PEE CUEIAM:

This appeal is taken by defendant-appellant State Highway Commission from a verdict and judgment in favor of plaintiff-respondent Dee W. Alexander entered in the District Court of Mineral County.

This cause was before this court in 1963 as Alexander v. State Highway Comm., 142 Mont. 93, 381 P.2d 780. In that appeal this court ruled that a $24,500 verdict for the plaintiff was “obviously and palpably out of proportion to the injury done as to be in excess of just compensation.”

At the second trial, here again appealed by the State, the jury returned a verdict of $20,000 for the…