State v. Burton

EMBRY, Justice.

This appeal by the State of Alabama is from a judgment entered upon a jury verdict awarding damages in the amount of $95,200 to Idelle Burton, a portion of whose property was condemned for a right-of-way to be used in the reconstruction of a public highway. We reverse.

The State presents as its version of the issues for review the following:

I

Did the trial court err in overruling appellant’s motion for new trial where the highest amount of damages testified to was $65,000.00 and the jury returned a verdict of $95,200.00?

II

Did the trial court err in its oral instructions to the…