People Ex Rel. Department of Public Works v. Bowman

In a condemnation proceeding brought by the State for highway purposes in which compensation for the taking was later assessed by the jury at $28,000, two expert valuation witnesses, Elmer Moody and Ed Roy, testified on behalf of defendant and the only respondent herein, John F. DeCosta. After the jury verdict the trial court, on motion of the defendant, ordered costs of suit taxed at $402.10, which award became part of the judgment of condemnation. The State appeals from that part of the order fixing defendant’s costs and awarding the same in excess of $14.60, and denying its motion to…