Mississippi State Highway Commission v. Smith
Cases that cite this one
1 later published case cites this decision.
- Gulf Land and Development Company v. McRaney (Miss. 1967)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.