State ex rel. Department of Transportation v. Glenn

This is an appeal by the state following a verdict and judgment for the defendants in a condemnation proceeding. In addition to awards for the value of two parcels of real property taken and for loss of crops on the property acquired, defendants also received an award of "special damages” on account of injury to defendants’ livestock alleged to have occurred as a result of having to move the stock from the condemned strip to another portion of defendants’ ranch.

Prior to trial plaintiff moved to strike from defendants’ answer an allegation of the "special damages” referred to above on the…