Wear v. State, Dept. of Roads

A verdict in a condemnation case which is manifestly excessive, clearly wrong, and not supported by the evidence can not be sustained. Moyer v. Nebraska E. G. & T. Coop., 171 Neb. 879, 108 N.W.2d 89 (1961).

The judgment in this case appears to be excessive on its face. The taking amounted to about 25 percent of the area of the tract, but the damages awarded amount to approximately 68 percent of the value of the entire tract, according to the plaintiffs’ evidence. The plaintiffs’ expert witness, Merker, valued the remainder after the taking at less than 20 percent of the value of the entire…