Eubank v. State

TIREY, Justice.

This is a condemnation case. The Court submitted three issues; they are, absent the burden of proof clause, substantially as follows:(1) What do you find was the market value of the land taken by the plaintiff at the time such land was condemned on June 16, 1956, considered as severed land?

To which the jury answered: $7,916.75.(2) What do you find was the market value of defendants’ land, exclusive of and not-including the land condemned, immediately before that portion of land condemned was taken by the plaintiff?

To which the jury answered: $29,688.50.(3) Excluding increase in…