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• Title: State Alabama v. Grady Loftin
• Author : Supreme Court of Alabama
• Release Date : January 08, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

GOODWYN, Justice. This is a condemnation proceeding brought by the state pursuant to Code 1940, Tit. 19, Chap. 1, to acquire,
for public highway purposes ( 14, Tit. 19), certain land belonging to Grady Loftin, appellee, located in Lee County.
The land is to be used in the construction of U. S. Highway No. 29, a part of the new interstate highway system. The proceeding
originated in the probate court of Lee County, where the commissioners assessed damages and compensation in the amount of
$10,250 and an order of condemnation was made pursuant thereto. The state appealed from said order to the circuit court of
Lee County where a trial de novo ( 17, Tit. 19) was had before a jury. The jury returned a verdict fixing the amount
of damages and compensation at $7,000. Judgment and an order of condemnation followed. Appellee then filed a motion for a
new trial. Among the grounds assigned in support of the motion are several taking the point that the verdict of the jury was
not sustained by the great weight and preponderance of the evidence. The trial court granted the motion, from which ruling
the state brings this appeal. In granting the motion the trial court did not spell out the ground or grounds which it considered to be well taken. However,
the following authorities are cited in the order, viz.: Section 276, Tit. 7, Code 1940; Schaeffer v. Walker, 241 Ala. 530,
3 So.2d 405; Parker v. Hayes Lumber Co., 221 Ala. 73, 127 So. 504; Morgan County v. Hart, 260 Ala. 418, 71 So.2d 278.

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