STATE v. HELTBORG

No. 10323.

369 P.2d 521 (1962)

The STATE of Montana, State Highway Commission of the State of Montana, and Harry L. Burns, L. V. Swanson, Otis S. Waters, S. N. Halvorson, and Roy L. Sorrells, as members of and constituting the State Highway Commission of the State of Montana, Plaintiffs and Appellants, v. Anna E. HELTBORG, a widow; William P. Heltborg and Louise Jean Heltborg, husband and wife; Mary E. Christofferson, a widow; Rupert D. Christofferson and Flossie Christofferson, husband and wife; Julian B. Christofferson and Katarina Christofferson, husband and wife; Mildred Blanche Christofferson Wickham Darby Tappet, a married woman; Marian Ruth Christofferson Johnson, a married woman; Edward Christofferson, a single man; Alma Christofferson, a single man; William Mosier; Mable hoskyn, a widow; Gladys W. K. Smith Hollywood, a married woman; Cliff Benson; Federal Land Bank of Spokane, a Corporation, and the United States National Bank of Deer Lodge, Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided March 8, 1962.


Attorney(s) appearing for the Case

Clayton R. Herron, Helena, Wm. R. Taylor (argued orally), Deer Lodge, for appellants.

Keeley, McElwain & Ryan, Joseph A. McElwain (argued orally), Deer Lodge, for respondents.


CASTLES, Justice.

This is an appeal from a judgment entered pursuant to five verdicts returned by a jury in an action by the State Highway Commission acquiring right of way through four adjoining ranch properties. The defendants were the four owners and one lessee of the ranches.

Commissioner awards were made on each parcel, but the State, being dissatisfied, sought a jury trial on the amount of the awards. The amounts...

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