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STATE, ROAD COMMISSION v. KENDELL

No. 10834.

438 P.2d 178 (1968)

20 Utah 2d 356

The STATE of Utah By and Through its ROAD COMMISSION, Plaintiff and Appellant, v. George KENDELL et al., Defendants and Respondents.

Supreme Court of Utah.

March 5, 1968.

Attorney(s) appearing for the Case

Stephen L. Johnston, Salt Lake City, for appellant.

Richard H. Thornley, of Froerer, Horowitz, Parker, Richards, Thornley & Critchlow, Ogden, for respondents.

ELLETT, Justice:

The State of Utah, through its Road Commission, condemned some land belonging to the Kendells, and appeals because the trial court refused to grant either a remittitur or a new trial. The jury awarded the Kendells $22,500 for the land taken and $37,000 as severance damage. Three expert witnesses were allowed to give their opinions on behalf of the defendants and testified respectively that the value of the land taken was $25,000, $35,000, and $40...

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