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STRAIN v. STATE HIGHWAY COMMISSION

No. 39,664

178 Kan. 294 (1955)

285 P.2d 1099

ELLA S. STRAIN, et al., Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

John B. Pierson, of Ottawa, argued the cause, and Clark Howerton, of Garnett, was with him on the briefs for the appellants.

Wayne Loughridge, of Garnett, argued the cause, and W.B. Kirkpatrick, Assistant Attorney General, Warren Ralston and Connie Achterberg, both of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The basic question in this case concerns the power and authority of the trial court, under the circumstances hereinafter narrated, to increase the amount of a jury's verdict in the trial of an appeal from the award of appraisers in a highway condemnation action.

The State Highway Commission commenced a proceeding to condemn land for highway purposes. Appraisers were appointed and their report was...

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