M & A Electric Power Cooperative v. Tomlinson

PREWITT, Judge.

Plaintiff brought this condemnation action requesting a power line easement across property owned by defendants. The jury awarded defendants damages of $3,730 and a judgment was entered in accordance with that verdict. Defendants have five points of alleged error. We consider them in the order presented.

Point one contends that the verdict “is against the weight of the evidence and shows bias and prejudice on the part of the jury”. The evidence of defendants’ damages ranged from $1,080 to $27,250. This court cannot weigh the evidence as it is the exclusive province of the trial…