State Ex Rel. State Highway Commission of Missouri v. Fenix

STONE, Presiding Judge.

In this proceeding by the Missouri State Highway Commission (hereinafter referred to as the Commission) to condemn a right of way for relocation of Missouri State Highway 57 in Jasper County, commissioners awarded $4,102 to defendants, Frank G. Fénix and Pearl Fénix, for appropriation of the right of way across their tract in Webb City, Missouri. Upon timely exceptions, a jury trial was had which resulted in a verdict and judgment awarding no damages to defendants. Thereafter, defendants’ motion for new trial was sustained for error (1) “in admitting testimony and…