Pike County v. Whittington

SIMPSON, Justice.'

Appeal from a judgment granting a new trial in a condemnation proceeding.

United States Highway 231 runs through Pike County and in order to straighten the highway it has been relocated at various places in the county. The appellee is the owner of a five-acre tract, the eastern boundary of which was the old Highway 231 prior to its relocation. Facing and' abutting the -right of- way were certain improvements consisting primarily of a combination residence, grocery store and filling station. When the highway was relocated, it traversed the western part of the five-acre tract…