126 So. 132 | Ala. | 1930
In a proceeding to assess compensation for land taken by the county for the location of a highway, a jury in the circuit court returned a verdict awarding the defendant landowner no damages. And then, before judgment, the court, on motion of the defendant, set aside the verdict. The county reserved an exception and brings the case here by appeal. The sole question at issue between the parties relates to the proper measure of the compensation to be awarded.
The judgment in the trial court appears to have been based upon the theory that the amendment of section 7489 of the Code by the Act of August 30, 1927 (Acts, pp. 492, 493) was inoperative — unconstitutional, as we presume.
The question as to the unconstitutionality of the amendment was considered in Rudder v. Limestone County (Ala. Sup.)
The jury's verdict was supported by the great weight of the evidence and should not have been disturbed. The judgment of the circuit court setting aside the verdict is reversed, and the cause is remanded to the end that judgment in pursuance of the verdict may be entered.
Reversed and remanded.
All the Justices concur, except BROWN, J., who dissents.