State ex rel. State Highway Commission v. Sams

DONNELLY, Judge.

The State Highway Commission brought proceedings in the Circuit Court of Cass County, Missouri, to condemn 28.66 acres out of a total of 115.61 acres of land owned by Charles L. Branic and Margaret L. Branic. Commissioners were appointed and filed a report awarding the Branics $62,500. The Highway Commission filed exceptions, a trial was had, and a jury verdict was returned in the amount of $66,000 in favor of the Branics. Judgment was entered for the additional $3,500, plus interest, and the Highway Commission appealed.

The points raised on appeal are: (1) that the trial court…