Mississippi State Highway Commission v. Smith

Mississippi Supreme Court

Mississippi State Highway Commission v. Smith

197 So. 2d 212, 1967 Miss. LEXIS 1503

CourtMississippi Supreme Court

DecidedMarch 27, 1967

DocketNo. 44358

StatusPublished

Cited by1 cases

This text of 197 So. 2d 212 (Mississippi State Highway Commission v. Smith) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mississippi State Highway Commission v. Smith, 197 So. 2d 212, 1967 Miss. LEXIS 1503 (Mich. 1967).

Pincite

Opinion

JONES, Justice:

This is an eminent domain case from Covington County. The Commission is taking three small tracts, the total acreage of the three amounting to 1.45 acres, from a tract totaling over 70 acres. No improvements are taken.

On the trial in the eminent domain court, the jury awarded $3000. On appeal to the circuit court the jury awarded $4362. This Court has examined the record carefully, and we find no credible evidence warranting a judgment in the amount of $4362. We think the amount of this judgment is so excessive as to bring it within the rule requiring cither a new trial or a re-mittitur.

If appellee will enter a remittitur of $1362 within fifteen days from the time this judgment becomes final, reducing the judgment to $3000, we will affirm the case; otherwise, it will be reversed and remanded for a new trial.

Affirmed if remittitur of $1362 is entered within fifteen days from time this judgment becomes final; otherwise, reversed and remanded for new trial.

GILLESPIE, P. J., and BRADY, IN-ZER and ROBERTSON, JJ., concur.

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