State Ex Rel. State Highway Commission v. Emery

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from an order by the District Court of the Eleventh Judicial District, Lincoln County, granting a new trial to the plaintiff State Highway Commission. The jury awarded the defendant landowners $23,400 in a condemnation action and the trial Court found the verdict excessive and contrary to the evidence.

The condemnation action involved the taking of 5.07 acres of land jointly owned by an elderly couple and their son, all defendants. The Emery family owns some 80 acres of land located in what is described as “a…