ABERCROMBIE v. STATE HIGHWAY COMMISSION

No. 41,303

185 Kan. 47 (1959)

340 P.2d 377

C.W. ABERCROMBIE and GRACE W. ABERCROMBIE, Appellees, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed June 13, 1959.


Attorney(s) appearing for the Case

Keith Martin, of Mission, argued the cause, and W.B. Kirkpatrick, of Topeka, was with him on the briefs for the appellant.

W.C. Jones, of Olathe, argued the cause and was on the briefs for the appellees.


The opinion of the court was delivered by

ROBB, J.:

On appeal to the district court in an eminent domain proceeding to condemn certain farmland in Johnson county for the construction of interstate highway No. 50, the amount of the verdict and judgment in favor of the landowners was less than the amount awarded by the court-appointed appraisers. Within the same term the trial court entered an order whereby the landowners were granted permission to file a motion...

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