State Ex Rel. Smith v. Livingston Limestone Co.

OPINION

BROCK, Justice.

This is an eminent domain proceeding brought by the State to acquire 1.98 acres of land from the defendant, Livingston Limestone Company, a corporation, leaving 54.02 acres of the original tract remaining. The trial court approved a jury verdict awarding $7,000.00 as the value of the 1.98 acres taken and an additional $10,000.00 for incidental damages to the remaining 54.02 acres. The State appealed to the Court of Appeals which reversed the judgment of the trial court and remanded the case for a new trial, holding that it was error for the trial court to admit the…