State Highway Commission v. Buchanan

The appeal should be dismissed because the highway commission took possession and changed the situation thus cutting off the right of having the jury view the land as provided in the chapter on eminent domain, section 1490, Code 1930.

It is manifest that the appellees were materially prejudiced in their rights by this course of action on the part of the highway commission. The right to have a jury view the premises, should a new trial be granted, is wiped out by the action of the highway commission. This right of viewing the premises is a very valuable right to both parties. A jury is able,…