State v. SMITH ET UX.

Appellant filed in the Lawrence Circuit Court an action to acquire for highway purposes a strip of appellees’ land, from 100 to 105 feet in width and 1,355 feet long, containing 3.185 acres, more or less.

Both parties filed exceptions to the award of the appraisers and the issues so raised were tried before a jury, on a change of venue to the Jackson Circuit Court. From a verdict awarding damages in the sum of $5,500, together with interest at 6% per annum from February 16, 1952, this appeal is prosecuted.

The sole error assigned is the overruling of appellant’s motion for a new trial, and of…