Abercrombie v. State Highway Commission

The opinion of the court was delivered by

Robb, J.:

On appeal to the district court in an eminent domain proceeding to condemn certain farmland in Johnson county for the construction of interstate highway No. 50, the amount of the verdict and judgment in favor of the landowners was less than the amount awarded by the court-appointed appraisers. Within the same term the trial court entered an order whereby the landowners were granted permission to file a motion for new trial out of time, the verdict and judgment were set aside and a new trial was granted on the landowners’ motion and the court’s…