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STATE HIGHWAY COMMISSION v. BEETS

No. 11356.

224 N.W.2d 567 (1974)

The STATE HIGHWAY COMMISSION of the State of South Dakota on Behalf of and In the Name of the State of South Dakota, Plaintiff and Respondent, v. Fred BEETS and Gean Beets, Defendants and Appellants.

Supreme Court of South Dakota.

December 16, 1974.

Attorney(s) appearing for the Case

Kermit A. Sande, Atty. Gen., and Carl W. Quist, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

A. P. Fuller, of Kellar & Kellar & Fuller, Lead, for defendants and appellants.

DUNN, Chief Justice.

A Lawrence County jury awarded defendants the sum of $11,000 from the plaintiff, State of South Dakota, for the taking of property for highway purposes. Defendants appeal contending that (1) the trial court erred in not admonishing the jury to disregard a statement of plaintiff's counsel during final argument to the effect that the jury was determining the value of real property for condemnation purposes from Spearfish all the way to the Wyoming...

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