State Ex Rel. Road Commission v. Kendell

ELLETT, Justice:

The State of Utah, through its Road Commission, condemned some land belonging to the Kendells, and appeals because the trial court refused to grant either a remittitur or a new trial. The jury awarded the Kendells $22,500 for the land taken- and $37,000 as severance damage. Three expert witnesses were allowed to give their opinions on behalf of the defendants and testified respectively that the value of the land taken was $25,000, $35,000, and $40,000. They also testified that the value of the remaining land would be nominal, but they testified respectively that before the…