Mississippi State Highway Commission v. Ellzey

The Mississippi State Highway Commission appeals from a judgment of the Circuit Court of the First Judicial District of Jones County, in favor of B. B. Ellzey, et al. In this eminent domain proceeding, appellees were awarded by the jury the sum of $36,400 for the taking of 22.43 acres of land for a right of way, and for damages to the remainder of appellees’ tract. This is the second appearance of this cause. In the former case, reported in 237 Miss. 345, 114 So. 2d 769, the jury awarded damages of $39,500, which this Court held were so grossly excessive as to shock the conscience. The cause…