McRea v. Marion County

This is a proceeding by a county to condemn-a right of way for highway purposes.

The road through appellant’s land theretofore extended near to his improvements. The right of way sought to be condemned results from a change of the location of the highway so as to be some distance from the improvements. On the trial, the circuit court refused to limit the deduction from damages to the adjoining tract to the special benefits which accrued to it by reason of the -improved highway, a-s thus located, and refused to charge the jury at the instance of appellant that the general benefits should not be…