State Ex Rel. State Highway Commission v. Duncan

This is a suit to condemn a right-of-way across the defendant's farm in Saline County, for primary State Highway No. 40. Commissioners were appointed who made an award of $2250 damages, against which the plaintiff filed exceptions. The cause was then set down for ascertainment of the damages by a jury, but on the defendant's application the venue was changed to Lafayette County in the same circuit. At the trial he testified he was damaged $8,000, but a jury unanimously found he was not entitled to damages, and he has appealed.

The errors assigned may be grouped under three heads: (1) failure…