Sterner v. Nixon

The opinion of the court was delivered by

Perskie, J.

This is a condemnation case. The question requiring decision is whether a landowner is entitled to have a jury determine the necessity, and cost, for such elements as a sidewalk, fence, curbing and embankment, i. e., “putting land in shape to meet the changed condition of the highway,” in fixing his present and prospective damages when a part of his tract of land is taken by the state for highway purposes.

The facts which give rise to this question are these: Respondent Dr. Warford L. PFixon was the owner of a rectangular lot with a…