Case v. State Highway Commission

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment in condemnation proceedings for a public highway.

Edna Case and husband owned a 188-acre farm adjacent to the city of Heizer in Barton county, on which they resided. A railway right of way ran diagonally through the farm in a northwesterly direction and separated twenty-two acres from the rest of it. The farm residence and other improvements lay south of the railway. A township road ran north and south immediately east of the farm buildings. The land condemned for highway purposes lay immediately south of…