Riddle v. State Highway Commission

*605The opinion of the court was delivered by

Fatzer, J.:

This was an eminent domain proceeding commenced by the State Highway Commission (commission) to acquire a right of way for the relocation of U. S. Highway 24 as a controlled access highway through Calhoun Bluffs northeast of Topeka. The landowners, Francis M. and Lucile G. Riddle (plaintiffs) appealed to the district court from the award of the appraisers. The commission did not appeal. Following a trial by a jury on March 5th and 6th, 1958, the plaintiffs were awarded damages in the amount of $23,887. The commission has appealed from that…