Arkansas State Highway Commission v. Taylor

Elsijane T. Roy, Justice.

This action involves the second appeal of this condemnation case. See Arkansas State Highway Commission v. Taylor, 256 Ark. 681, 509 S.W. 2d 817 (1974).

Upon the second trial in July, 1975, the jury returned a verdict in the amount of $56,550. Appellees filed a motion to set aside the verdict, and on September 5, 1975, the trial court, in response to the motion, granted a new trial to appellees. From said order this appeal is brought.

Ark. Stat. Ann. § 27-1901 (Repl. 1962) governing the granting of a new trial reads in material part as follows:

“New trial” defined —…