State ex rel. State Highway Commission v. Johnson

STEPHAN, Presiding Judge.

Plaintiff-appellant State Highway Commission appeals a jury verdict in the amount of $40,000 in favor of defendants-respondents Johnson and Eggers resulting from condemnation proceedings. The commission here contends that the trial court erred in denying its motion for a directed verdict, made at the close of all the evidence, for the reason that defendants failed to meet their burden of proving that they *856had any compensable interest in the condemned property. For reasons hereinafter stated, we reverse.1

The condemned land was part of a tract of approximately four…