ST. CLAIR COUNTY v. BUKACEK

7 Div. 447.

131 So.2d 683 (1961)

ST. CLAIR COUNTY v. James A. BUKACEK et al.

Supreme Court of Alabama.

Rehearing Denied June 22, 1961.


Attorney(s) appearing for the Case

Starnes & Holladay, Pell City, and Maurice F. Bishop, Birmingham, for appellant.

Beddow, Gwin & Embry, Birmingham, for appellees.


MERRILL, Justice.

This is an appeal from the Circuit Court of St. Clair County, from a jury verdict and judgment thereon in an eminent domain (condemnation) proceeding awarding appellee $4,000, instituted by St. Clair County to acquire land for a public highway. The condemned right-of-way for this controlled access highway ran through a forty acre tract where no highway had ever been built.

The main question presented is whether the jury is entitled to consider...

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