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ARKANSAS STATE HIGHWAY COMMISSION v. SCHMOLL

No. 5-4609.

430 S.W.2d 852 (1968)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Carl SCHMOLL et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied October 7, 1968.

Attorney(s) appearing for the Case

Thomas B. Keys and James K. Biddle, Little Rock, for appellant.

Williams & Gardner, Russellville, for appellees.

GEORGE ROSE SMITH, Justice.

In this condemnation suit, brought by the Highway Commission, the jury fixed the value of the land being taken at $26,450. The Commission argues two points for reversal.

First, it is contended that the Commission was unfairly taken by surprise at the trial when the landowner was allowed to prove, without having pleaded, that the tracts being condemned comprised about four acres more than the figures asserted in the Commission's...

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