135 So. 2d 823 | Miss. | 1961
This is a condemnation suit filed in the county court of Jones County, Mississippi, by Interstate Oil
The appellant, Otis Ainsworth, is the owner of 450 acres of land near Sandersville in Jones County, Mississippi. The property sought to be condemned is described in the petition filed with the county court and comprises a strip of land 30 feet wide, 15 feet on each side of a survey line, running east and west across appellant’s property for a distance of 6,816 feet. A ditch will be dug 20 inches wide and about 48 inches deep across the Ainsworth property.
The witnesses testified the following damages would result to the property by the taking of the easement, for the purpose of building the pipe line:
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The order of the Circuit Court granted a new trial, and for that reason, we refrain from discussing the testimony introduced in the county court. We point out, however, that the evidence did not show and the jury was not given an opportunity to know the sale value of known comparable property, in that territory; nor did the testimony particularize the appraisal values, so as to aid the jury in determining the over-all value of the property. Some of the evidence introduced did not comply with the firmly established rule for determining damages in eminent domain cases, namely: “The fair market value of the whole property before the taking, less the fair market value of the whole property immediately after the taking.” See cases cited in Mississippi State Highway Commission v. Strong, 129 So. 2d 349 (Miss. 1961).
It has for many years been the general rule in this state, that the Supreme Court will consider favorably the action of the trial court in granting a new trial, and will sustain its order unless manifest error appears therein. The rights of the parties have not been fully settled by an order granting a new trial, as would be the case if the trial court had refused to grant a new
After a careful examination of the testimony in this case, it is apparent to us that the verdict of the jury of the county court is so excessive as to evince passion and prejudice, and the Circuit Judge was correct in granting a new trial; nor can we hold that there was manifest error in the order of the trial court because of having entered a remittitur of $7,000.00.
The order of the Circuit Court granting a new trial in the county court will, therefore, he affirmed on direct and cross appeal unless the appellant, Otis Ainsworth, enters a remittitur of $7,000.00 within 15 days from this date. In the event a remittitur is filed, the Interstate Oil Pipe Line Company is charged with the cost of court, and six per cent interest on the balance from the date of the judgment of the county court.
Affirmed.