State v. Shepard

This is an appeal from a judgment denying a new trial in an eminent domain case where the State condemned a part of the Shepards' property for a highway.

The only issue tried below was the amount of damages to be awarded for the property taken.

The only issue on the appeal is whether the trial court committed reversible error in refusing to grant a new trial on the ground that the jury verdict is excessive.

At the time of the taking, condemnees owned an auto repair business located on their property where large tractor-trailer trucks and other vehicles were repaired.

State's witness L.E. Tyson,…