STATE v. STEINKRAUS

No. 7825.

417 P.2d 431 (1966)

76 N.M. 617

STATE of New Mexico ex rel. STATE HIGHWAY COMMISSION, Petitioner-Appellant, v. Edwin STEINKRAUS and Eileen P. Steinkraus; W. Larry Miller and Helen Monica Miller and Florence A. Carmony, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied August 30, 1966.


Attorney(s) appearing for the Case

Boston E. Witt, Atty. Gen., Hadley Kelsey, Joseph L. Droege, William S. Martin, Jr., John C. Worden, Oliver G. Ricketson, George D. Sheldon, Richard T. Whitley, Donald B. Moses, Sp. Asst. Attys. Gen., Santa Fe, for appellant.

Rhodes & McCallister, Albuquerque, for appellees.


OPINION

NOBLE, Justice.

The State Highway Commission of New Mexico (hereafter termed Commission) has appealed from a judgment awarding damages to defendants for the taking of certain of their property by eminent domain, brought pursuant to the special alternative condemnation procedure (§§ 22-9-39 to 22-9-61, N.M.S.A. 1953).

The Commission strongly urges error because the trial court permitted the landowners to call, as an adverse witness...

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