State v. Goodwyn

MERRILL, Justice.

This is an appeal by the State from a jury verdict and judgment of $80,000 as compensation to appellees in a condemnation proceeding in which 8.5 acres of a 33.-33-acre tract were taken for an interstate limited or controlled access highway. The commissioners in probate court had awarded $70,000 and both the State and the appellees appealed to the circuit court. The State’s motion for a new trial was overruled.

The only question before the circuit court was the amount of damages to be awarded.

Appellant’s first argued assignment of error is that the court erred in overruling…