State ex rel. State Highway Commission of Montana v. Roth

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment entered in Missoula County district court on a jury verdict in the amount of $7,250, in a condemnation action brought by the State of Montana, respondent herein, to acquire certain water rights and waters of the defendants, appellants herein.

The facts in this case may be summarized as follows: This eminent domain action was filed by the State Highway Commission of Montana (hereinafter referred to as Commission) to acquire an interest owned by defendants Donald V. Roth and Jeanne A. Roth,…