State Highway Department v. Howell

Eberhardt, Judge.

On September 18, 1967, the State Highway Department condemned, through the declaration of taking method, 14.949 acres of land of Mr. E. L. Howell from a tract of land consisting of approximately 205 acres. The award of $3,990 was paid into court, and Mr. Howell appealed to a jury. The jury returned a verdict in the amount of $9,000, and the Highway Department appeals from the judgment and the denial of its motion for new trial.

The Highway Department contends that the court erred in charging the jury, over its objection, that: “It is your duty in this case to determine the sum…