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FRESHWATER v. WILDMAN

No. 50767.

117 N.W.2d 910 (1962)

Perry G. FRESHWATER and Helen J. Freshwater, Husband and Wife, Appellees, v. C. H. WILDMAN, Sheriff of Scott County, Iowa and Iowa State Highway Commission for the Use and Benefit of the State of Iowa, Appellants.

Supreme Court of Iowa.

November 13, 1962.

Attorney(s) appearing for the Case

C. J. Lyman, Sp. Asst. Atty. Gen., A. Jackson Allen, Gen. Counsel, Iowa State Highway Commission, Ames, and Daniel A. Whalen, Counsel, Iowa State Highway Commission, Davenport, for appellants.

Hoersch, Werner & Harbeck, and McDonald, McCracken, McDonald & Carlin, Davenport, for appellees.

THOMPSON, Justice.

For consideration here is an appeal by the Iowa State Highway Commission, hereafter known as the defendant, from a verdict of a trial jury and the resulting judgment which considerably increased the award to the plaintiffs for a partial taking of their realty made by a properly constituted condemnation commission appointed by the chief justice of this court. Plaintiffs' lands were a residential property...

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