Kennedy v. City of Chattanooga

City of Chattanooga, for the use and benefit of the State Highway Department, brought this *200action under its conceded power of eminent domain to acquire for highway purposes a portion of a tract of land owned by defendants, J. D. Kennedy, et al. The jury, on proper pleadings and a charge as to which there is no exception, returned a verdict of $45,000.00 for the land taken and $22,000.00 as incidental damages to the remainder.

Defendants moved for a new trial claiming the award for incidental damages was grossly inadequate and not supported by any proof, that the court erred in admitting proof…