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SANDT v. HYLEN

No. 44481.

224 N.W.2d 342 (1974)

In re Petition of Robert A. SANDT, et al., for the Improvement of County Ditch No. 27 of Blue Earth County, Minnesota, Respondents, v. Swen L. HYLEN, et al., Appellants.

Supreme Court of Minnesota.

October 25, 1974.

Attorney(s) appearing for the Case

David R. Teigum, Madelia, for appellants.

McLean, Peterson, Sullivan & Haugh, Mankato, John R. Thomas, Lake Crystal, for respondents.

Heard before SHERAN, C. J., and OTIS and TODD, JJ., and considered and decided by the court en banc.

PER CURIAM.

Appeal was taken from a jury verdict rendered in ditch proceedings in a second trial on the damages issue. The first trial resulted in a verdict for appellants in the amount of $35,485 damages. The trial court on motion by remittitur reduced this to $4,075 upon condition that if appellants did not accept the reduction a new trial would be granted. Appellants refused and the second trial resulted in a jury verdict that the benefits exceeded the damages...

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