State, by Hilton v. Lambert

The state appealed from an order denying its motion for a new trial.

The purpose of this condemnation proceeding instituted by the state on petition of the attorney general was to secure right of way for trunk highway No. 3. Commissioners awarded $4,000 as damages to a farm owned by respondent Joseph F. Eich and $700 as damages to premises owned by respondent Elizabeth A. Eich. The state appealed on the ground that damages awarded were excessive, and a jury increased the amounts to $6,500 and $1,000, respectively.

Mr. Eich owns a 127-acre farm, being a portion of lots 3 and 5 and all of lots 7…