State Road Commission v. Bowling

Calhoun, Judge:

This case, on appeal from the Circuit Court of Mercer County, involves an eminent domain proceeding instituted in that court by The State Road Commission of West Virginia against J. Otis Bowling and Idell Bowling, husband and wife, to acquire for public highway construction purposes a portion of a tract of real estate owned by J. Otis Bowling subject to the inchoate dower rights of his wife. From the action of the trial court in setting aside a jury verdict in the sum of $19,000 and in awarding the defendants a new trial, the state road commission has been awarded a writ of…