State v. Simerlein

Hoffman, J.—

This is an appeal by plaintiff-appellant State of Indiana from a judgment awarding damages to defendants-appellees William A. and Dorothy Simerlein (the Simerleins) on the State’s complaint for the appropriation of real estate owned by the Simerleins.

The sole issue presented for review is whether the trial court erred in failing to grant the State a new trial by reason of certain allegedly prejudicial conditions contained in the jury’s view of property to be appropriated by the State through its power of eminent domain.

On January 22, 1973, prior to trial herein, the State filed a…