STATE EX REL. DEPARTMENT OF HIGHWAYS v. BERRY

No. 43131.

495 P.2d 401 (1972)

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Plaintiff in Error, v. A.V. BERRY and Mildred A. Berry, Husband and Wife, Defendants in Error.

Supreme Court of Oklahoma.

March 21, 1972.


Attorney(s) appearing for the Case

John Paul Walters, Chief Counsel, by James D. Payne, Legal Div., Oklahoma Dept. of Highways, Oklahoma City, for plaintiff in error.

Allen & Allen, by Walt Allen, Chickasha, for defendants in error.


IRWIN, Justice:

State commenced proceedings to condemn a portion of defendants' property for highway improvement and construction. Commissioners were appointed and they filed their report assessing the damages. State deposited the amount assessed, took possession of the property and proceeded with the work. Both parties demanded a jury trial which resulted in a verdict increasing defendants' award an additional $5,290.00...

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