State ex rel. Missouri Highway & Transportation Commission v. Chadwell

HOLSTEIN, Judge.

This is an appeal from a judgment in favor of Wallace E. Ross and Elizabeth Ross (“Defendants”), for damages resulting from condemnation of 9.9 acres of land in Wright County. The Missouri Highway & Transportation Commission (“MHC”) raises three points on appeal: (1) the trial court erred in failing to dismiss the case for failure to prosecute; (2) the trial court erred in failing to direct a verdict, grant a new trial, or give a withdrawal instruction after the court improperly admitted proof of damages resulting from surface water drainage from the newly constructed highway…