State Ex Rel. State Highway Commission v. Flynn

■ ADAMS, Special Judge.

This is a proceeding for condemnation of land for public use. A jury returned a verdict assessing landowners damages in the 'amount of $13,765.

From the trial court’s .order sustaining landowners’ motion for new trial on the ground that the verdict was inadequate, condemnor appealed to the Supreme Court of Missouri. The case was transferred to this Court because the amount in dispute was not affirmatively shown to exceed $7,500, exclusive of costs.

Appellant complains, (1) that the court abused its discretion in granting a new trial, and (2) that an award 'of a jury in…