State Ex Rel. Department of Highways v. Berry

IRWIN, Justice:

State commenced proceedings to condemn a portion of defendants’ property for highway improvement and construction. Commissioners were appointed and they filed their report assessing the damages. State deposited the amount assessed, took possession of the property and proceeded with the work. Both parties demanded a jury trial which resulted in a verdict increasing defendants’ award an additional $5,290.00. Judgment was rendered accordingly and State appeals from the order overruling its motion for a new trial.

The property condemned was contiguous to a pre-existing highway to…