State v. MONNINGER

— The State of Indiana brought an eminent domain proceeding to condemn certain parcels of appellees’ land for right of way use by the State Highway Department of Indiana for the construction of a limited access highway. The report of appraisers appointed by the court fixed damages of appellees-defendants at $165,058.00, and on exceptions being filed to the report, a trial was had by jury on the issue of damages resulting in a verdict for appellees-defendants in the amount of $185,000.00. Appeal is taken by the State from judgment rendered on the verdict, the error assigned being the…