State ex rel. Herman v. Southern Arizona Land Co.

MOLLOY, Judge.

This is an appeal from a judgment granting a new trial in a condemnation action. A trial to a jury had resulted in a verdict which the landowner considered insufficient in amount, and, on motion for a new trial, the court entered an alternative additur order giving the state the option of accepting the additur or being accorded a new trial. The additur was rejected by the state and thereafter, the court granted a new trial. This appeal followed.

The property concerned consisted of 320 acres of land through which the Tucson-*140Benson interstate highway passed in a northwest-southeast…