STATE EX REL. MISSOURI HIGHWAY & TRANSP. COM'N v. THOMAS

No. 55013.

772 S.W.2d 404 (1989)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Appellant, v. Harley E. THOMAS, et al., Exceptions of Norris Fridley, et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

June 27, 1989.


Attorney(s) appearing for the Case

Paul R. Sterrett, Government Counsel, St. Louis, for plaintiff-appellant.

Terrance L. Farris, Clayton, for defendants-respondents.


SIMON, Judge.

Missouri Highway and Transportation Commission (Commission) appeals from a $50,000.00 jury verdict and resulting judgment in a condemnation action in which approximately 12.85 acres were condemned for the purpose of constructing a new highway. On appeal, Commission contends that the trial court erred in: (1) refusing its withdrawal instruction No. 1, which would have withdrawn from the jury's consideration evidence of the change in the highest and best...

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