STATE v. BAROVICH

No. 10473.

382 P.2d 917 (1963)

The STATE of Montana, acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. John S. BAROVICH and Mary S. Barovich, Husband and Wife, and Mr. A. Buxbam, Defendants and Appellants.

Supreme Court of Montana.

Decided June 27, 1963.


Attorney(s) appearing for the Case

Colgrove & Brown, Bruce M. Brown (argued orally), Miles City, for appellants.

William E. O'Leary (argued orally), Helena, for respondent.


JOHN C. HARRISON, Justice.

This is an appeal by the defendant landowners from an order denying defendants' motion for a new trial in an Interstate Highway condemnation suit.

The jury awarded the defendant the sum of $1,050 for the 23.15 acres taken, and the sum of $1,000 for the damage to the remaining land.

The land of the defendants is bisected by the highway. The State provided a 24 inch culvert and a 10 foot culvert to allow continuation of existing...

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