Arkansas State Highway Commission v. Arkansas Real Estate Co.

George Rose Smith, Justice.

The appellant brought this suit to condemn a right-of-way in fee simple for a controlled access highway across the. appellees’ property — a 77-acre tract near East Roosevelt Road in Little Rock. The jury determined just compensation to be $75,-000. For reversal the appellant contends that the court erred in refusing two requested instructions and in excluding evidence of the selling price of comparable property in the vicinity.

The plaintiff’s Instruction No. 4 and the substance of No. 5 should have been given. The landowners offered much testimony to show damages…