State v. Stinson

FANNING, Justice.

A condemnation case. The State took for highway purposes 3.195 acres of ap-pellees’ 71 acre farm. The 3.195 acre tract taken contained two valuable springs that flowed into a large cistern covered by a pump house, and out of which cistern spring water for two residences and several pastures on the remainder of the 71 acre tract was provided. Trial was with the aid of a jury. The special issues submitted and the jury’s answers thereto were as follows:

“SPECIAL ISSUE NO. 1.

“What do you find from a preponderance of the evidence was the reasonable market value on the 21 day of…