State ex rel. State Highway Commission v. McMurtry

McDOWELL, Presiding Judge.

This is an action in condemnation brought in the Circuit Court of Howell County, Missouri, to acquire an easement across defendants’ 280 acre farm for the purpose of constructing supplementary state highway O iii Howell County. Commissioners appointed by the court reported damages in the sum of $300. Exceptions were filed by defendants which were tried before a jury and a verdict returned for $275. Defendants appealed.

The easement acquired contained 5.28 acres of new right-of-way, 1.84 acres of old right-of-way and 2.90 acres for drainage purposes.

The evidence…