Preston v. Waterman

The trial of this appropriation matter in the court below resulted in a verdict for the property owner in the amount of $162,500.00. Judgment was entered upon the verdict, and thereafter the statutory time for filing a motion for new trial was permitted to pass without such a motion being filed. Still later a motion for new trial and a motion to vacate the judgment were filed by the Director of Highways of the State of Ohio.

The Director of Highways claimed that he had, prior to the trial, settled with the lessee for all of that interest of the lessee and was entitled to credit for the amount…