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KENNEDY v. CITY OF CHATTANOOGA

405 S.W.2d 653 (1966)

J.D. KENNEDY et al., Plaintiffs in Error, v. CITY OF CHATTANOOGA, for the Use of, etc., Defendant in Error.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied August 1, 1966.

Attorney(s) appearing for the Case

Miller, Martin, Hitching, Tifton & Lenihan, Chattanooga, for plaintiffs in error.

Geo. F. McCanless, Atty. Gen., Joe T. McCary, Asst. Atty. Gen., Nashville, and Robert C. Hunt, Chattanooga, for defendant in error.

Certiorari Denied by Supreme Court August 1, 1966.

OPINION

McAMIS, Presiding Judge.

City of Chattanooga, for the use and benefit of the State Highway Department, brought this action under its conceded power of eminent domain to acquire for highway purposes a portion of a tract of land owned by defendants, J.D. Kennedy, et al. The jury, on proper pleadings and a charge as to which there is no exception, returned a verdict of $45,000.00 for the land...

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