(Download) "Lazenby v. Ark. State Highway Commission" by Supreme Court of Arkansas " eBook PDF Kindle ePub Free
eBook details
- Title: Lazenby v. Ark. State Highway Commission
- Author : Supreme Court of Arkansas
- Release Date : January 01, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is an eminent domain proceeding by the Arkansas State Highway Commission to condemn an easement for a right-of-way to
cross appellant's lands, and the principal question involved relates to the competency of evidence. The appellant-defendant, Emma Louise Lazenby, owned 14.2 acres of land adjacent to the corporate limits of the Town of Marvell.
The Arkansas State Highway [231 Ark Page 602] Commission, appellee, filed suit to condemn an easement for right-of-way
purposes in 1.94 acres of land running in a curve across appellant's lands in such a way as to leave approximately 9 acres
on one side and approximately 3 acres on the other side of the right-of-way. Appellee's appraisers had fixed the value of
subject land at $950.00, which amount was accordingly deposited in the Court. Mr. Lazenby, husband of appellant, was the only
witness who testified regarding the value of the condemned land. At the conclusion of his testimony appellee moved for a directed
verdict. Thereupon the court, in sustaining the Motion, made substantially the following statement: "The court is of the opinion
that no substantial testimony was offered by the landowner upon which you could base a verdict and fix damages in excess of
$950.00 . . ." Under the instructions of the court the jury returned a verdict in that amount in favor of appellant. From
such verdict and judgment appellant prosecutes this appeal.