Hill-Behan Lumber Co. v. State Highway Commission

This is an action for consequential damages resulting to plaintiff's property from the building of a viaduct in a State highway. The jury returned a verdict for plaintiff for $42,500. Motion for new trial was sustained on the ground that the court erred in refusing to direct a verdict for defendant at the close of the whole case, and plaintiff appealed.

Plaintiff owns 26.38 acres of land in St. Louis County, not in any incorporated town or city. The tract is bounded on the east by the Wabash railroad, and on the south by Page Avenue (also called Page Boulevard), a State highway, 100 feet in…