STATE, BY STATE HIGHWAY COMMISSIONER v. HANKINS


63 N.J. Super. 326 (1960)

164 A.2d 615

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-APPELLANT, v. WILBUR F. HANKINS, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 1960.


Attorney(s) appearing for the Case

Mr. Murry D. Brochin, Deputy Attorney General argued the cause for appellant (Mr. David D. Furman, Attorney General, attorney).

Messrs. Milton H. Gelzer and John F. Russo argued the cause for respondents (Messrs. Hiering & Grasso, attorneys for respondents Ferguson; Mr. Robert A. Lederer, attorney for respondent Wilbur F. Hankins).

Before Judges GOLDMANN, FREUND and KILKENNY.


The opinion of the court was delivered by KILKENNY, J.A.D.

The State appeals from an amended judgment of the Superior Court, Law Division, insofar as it awarded the defendants interest on the $9,000 sum fixed by the jury as the value of their land condemned for state highway purposes. The State alone had appealed from an earlier $9,500 award made by condemnation commissioners. The disputed interest allowance by the trial court amounts to only $456.25, having been...

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