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STATE v. WAGGONER

No. 22841.

319 S.W.2d 930 (1959)

STATE of Missouri ex rel., N. W. ELECTRIC POWER COOPERATIVE, INC., a Corporation, Appellant, v. Harry K. WAGGONER et al., Exceptions of Albert A. Rall and Roberta F. Rall, Respondents.

Kansas City Court of Appeals, Missouri.

January 12, 1959.

Attorney(s) appearing for the Case

Rufus Burrus, Independence, (Burrus & Burrus, Independence), Russell N. Pickett, Eugene E. Andereck, Phil Hauck, Pickett, Andereck & Hauck, Trenton, for appellant.

Barkley M. Brock, Poague, Poague & Brock, Clinton, for respondent.

HUNTER, Judge.

Appellant, N. W. Electric Power Co-operative, Inc., condemned a strip of land 100 feet wide and 1,237 feet long across the 64 acre tract of land of respondents, Albert A. Rall and Roberta F. Rall, located in Jackson County, Missouri, for a perpetual easement to construct an electric transmission line. The commissioners' report of damages and award was $400. Both sides filed exceptions, and trial thereon to a jury resulted. The only issue before the...

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