ROSE v. BOARD OF COUNTY COM'RS OF McCURTAIN COUNTY

No. 34284.

206 Okla. 105 (1952)

241 P.2d 399

ROSE et al. v. BOARD OF COUNTY COM'RS of McCURTAIN COUNTY.

Supreme Court of Oklahoma.

Rehearing Denied March 4, 1952.


Attorney(s) appearing for the Case

H.P. Hosey and Bascom Coker, Idabel, for plaintiffs in error.

I.C. Sprague, Co. Atty., Idabel, for defendant in error.


BINGAMAN, J.

The defendants appeal from a judgment based upon the verdict of a jury awarding damages in a condemnation proceeding.

The county, in the exercise of the right of eminent domain, took a strip of land for road purposes running through the farm of the defendants. The road had been in use through the property for many years, but the county had apparently failed to obtain a formal easement. In building a farm-to-market road it was decided to widen...

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