ROBERTSON, Justice.
Margaret Gertrude Cherry appeals on behalf of the Estate of H. S. Cherry from a condemnation proceeding, contending that the trial court erred in admitting testimony before the jury concerning the landowner's right to use the surface of the condemned land for passage because the State's petition does not give the landowner this right. Additionally, it is contended that the jury verdict absent this testimony is against the great weight and preponderance...
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