Kansas State Highway Commission v. Roepke

The opinion of the court was delivered by

Price, C. J.:

This appeal arises out of a condemnation proceeding. Following a trial the court sustained the landowners’ motion for a new trial on the ground the verdict was contrary to the evidence.

A second trial was had in which the jury returned a verdict in excess of that returned in the first trial. This verdict was approved and judgment was entered thereon.

The state highway commission then filed an appeal from the earlier order granting a new trial.

*661The question involved is whether the verdict in the first trial was contrary to the evidence.

For…