De Vore v. State Highway Commission

The opinion of the court was delivered by '

Hutchison, J.:

This was an action for the value of land taken and damages to land remaining, arising out of the condemnation of certain lands for highway purposes, the land taken by condemnation proceedings being in addition to that originally purchased and conveyed when it was found more land was necessary for the construction and completion of the road.

The case has been twice tried to a jury. The judgment first, rendered was reversed on appeal to this court because the verdict was necessarily the result of passion and prejudice on the part of the…