Wagner v. STATE, DEPARTMENT OF ROADS

Lynch, District Judge.

This is a condemnation action. The condemnees, J. W. Wagner and Elizabeth Wagner, shall herein be referred to as the plaintiffs, and the condemner, State of Nebraska, Department of Roads, as the defendant.

The action was brought on June 7, 1962, in the county court of Hitchcock County, Nebraska. On February 5, 1963, the case was tried on appeal in the district court, during which trial the jury was permitted to view the premises. The jury returned a general verdict for the plaintiffs in the sum of $3,200; and, pursuant to the court’s instructions, the jury also made a…