Public Service Co. of Oklahoma v. Raburn

The plaintiff filed a petition in the district court of Pittsburg county in a condemnation proceeding in an effort to condemn a right of way over 40 acres of what is referred to as the Raburn tract. The jury fixed the amount of the condemnation money at $500. The trial court ordered a remittitur of all sums in excess of $250, to which the defendants agreed. The trial court .then overruled a motion for new trial and rendered judgment fixing the amount of the condemnation money at $250. From that judgment the plaintiff appealed.

In State Highway Commission v. Smith, 146 Okla. 243, 293 P. 1002,…