STATE v. PARKER

No. 24090.

387 S.W.2d 261 (1965)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. John M. PARKER et al. and Raymond P. DeShon and Catherine Arline DeShon, Defendants-Appellants.

Kansas City Court of Appeals. Missouri.

February 1, 1965.


Attorney(s) appearing for the Case

Vernon N. Kneib, St. Joseph, for appellants.

Robert L. Hyder, Minor C. Livesay, Earl H. Schrader, Jr., Kansas City, for respondent.


SPERRY, Commissioner.

This is an appeal by Raymond P. and Catherine Arline DeShon from a jury verdict and judgment thereon, in their favor, in the sum of $6,000.00, for damages in condemnation of real estate for public purposes.

The first allegation of error relied on by defendants is the giving of instruction No. 5, which is as follows:

"The Court instructs the jury that in this case the burden of proving damages rests upon the Defendants. Unless...

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