Larew v. Iowa State Highway Commission

Thompson, J.-

— It makes a vast difference whose ox is gored. This is the second appearance of this ease in this court. See Larew v. Iowa State Highway Commission, 254 Iowa 1089, 120 *66N.W.2d 462. In that case, the jury had returned a verdict fixing the damages for the taking of plaintiffs’ property at $3000. The trial court, being of the opinion the allowance failed to administer substantial justice, granted plaintiffs a new trial.

The highway commission, hereinafter referred to as the defendant, appealed, urging strongly that the trial court had no right to weigh the evidence and to substitute…