State ex rel. State Highway Commission v. Yackel

TITUS, Judge.

As a prelude to improving Route P in Phelps County, plaintiff (the State Highway Commission) acquired from defendants by condemnation 2.39 acres for a new right of way, 0.10 acres for a construction easement, 0.10 acres for a temporary easement to obliterate a portion of the old roadway, and 1.55 acres for borrow purposes. Plaintiff appeals from the $5,000 judgment entered on a jury verdict returned to the Circuit Court of Phelps County in favor of the defendants, and claims it is entitled to a new trial because the court nisi allegedly erred [I] in refusing to strike the…