McClay v. Highway Commission

The opinion of the court was delivered by

Parker, C. J.:

This is a condemnation action in which the State Highway Commission appeals from an order granting the landowners’ motion for a new trial.

The facts leading up to the appeal are not in question and will be related solely for informative purposes.

G. Dewey McClay and Vera McClay were the owners of real estate located in Franklin County, which was condemned for highway purposes by the Commission. Vera McClay died subsequent to the institution of the condemnation proceeding. Thereafter Vera Freone Hollinger, the duly appointed administratrix…