State Ex Rel. State Highway Commission v. Kalivas

MORGAN, Presiding Judge.

Plaintiff, the State Highway Commission of Missouri, appropriated certain land of the defendants for construction of Highway 1-635 in Platte County. Commissioners, appointed by the court, assessed defendants’ damage at $49,500. After trial to a jury on the exceptions, a verdict was returned in favor of defendants in the amount of $7,000. Thereafter, judgment, by way of refund, was entered in favor of plaintiff for $42,500 plus interest. Defendants were awarded a new trial, and plaintiff has appealed.

Facts sufficient to consider the question posed may be stated…