Breithaupt v. State

TIREY, Justice.

This is a condemnation case. The Court submitted three issues to the jury. Absent the burden of proof clause, and date of condemnation, they are substantially as follows:

1. What do you find was the market value of the strip of land, with all improvements thereon located, and consisting of 26.48 acres of land, condemned by the State for Highway purposes, at the time it was condemned ?

to which the jury answered “$10,075.00”.

2. What do you find was the market value of the defendants’ tract of land, consisting of 344 acres, exclusive of the strip of 26.48 acres condemned,…