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STATE v. HOWES

No. 10831.

436 P.2d 803 (1968)

20 Utah 2d 246

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Appellant, v. Gordon G. HOWES et al., Rowland S. Bingham and Katherine C. Bingham, his wife et al., Defendants and Respondents.

Supreme Court of Utah.

January 23, 1968.

Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., George M. McMillan, Salt Lake City, for plaintiff and appellant.

Glen E. Fuller, Orval C. Harrison, Frederick S. Prince, Jr., Salt Lake City, for defendants and respondents.

CALLISTER, Justice:

The State of Utah, by and through its Road Commission, appeals from a judgment, pursuant to a jury verdict, awarding the Binghams severance damages in a condemnation action.

It is not disputed that the portion of the Binghams' property taken by the State left the remainder without an access to a highway. However, the State contends that the trial court committed error in permitting evidence to this effect, for the purpose of establishing...

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