STATE v. GREUB

No. 22616.

305 S.W.2d 897 (1957)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION, Plaintiff-Appellant, v. Emil W. GREUB and Elizabeth Greub, his wife, Defendants-Respondents.

Kansas City Court of Appeals. Missouri.

October 7, 1957.


Attorney(s) appearing for the Case

Robert L. Hyder and Minor C. Livesay, Jefferson City, and Alden S. Lance, Savannah, for appellant.

Louis V. Stigall, St. Joseph, and James H. Pettijohn, Oregon, for respondents.


CAVE, Judge.

This suit was instituted by the State Highway Commission to condemn a right of way across defendants' land. The court appointed commissioners to assess the damages and benefits, and in due time they filed report allowing no damages. Defendants filed exception and the issue of damages was tried to a jury, resulting in a verdict for the defendants in the sum of $2,865.80. The commission filed a motion for new trial which was overruled on condition that...

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