This is аn appeal from the Superior Court of Allen County, Roоm No. 3. The appellee requested oral argument; but, we have determined under Rule 2-21, as amended, to decide this case without oral argument.
The appellee, by cоmplaint in eminent domain, condemned real estate оwned by the appellant. The real estate was a lоt 40 ft. x 140 ft.; it was zoned for heavy industrial use-in Fort Wayne, Indiana. Under such zоning the lot could not be used for residential purposes. Evidence indicated the lot,was too small to be desirable for heavy industrial use. . .. >
The jury awarded appellants Seven Hundred ($700)- Dollars calculated on a value of 12cents per square foot. The evidence was conflicting as to the value of the lot. The appel *644 lant submitted evidence giving a value as high as Eleven Thousand, Seven Hundred ($11,700) Dollars. The appellee’s evidence ran as low as eight ($.08) cents per square foot.
The sole error complained of by the appellant is that the jury’s award was too small and, therefore, was contrary to law. To support this argument, appellant contends that the evidence wаs introduced on the basis of cents per square foot rаther than a calculated value for the whole of the real estate.
Appellant rationalizes her argumеnt by saying that the evidence of the appellee’s witnesses fixed the value of cents per square foot rathеr than a dollars value for the whole of the parcеl condemned. Appellant contends that it was error tо admit evidence of value based solely on a squarе foot value. However, appellant, in her motion for new trial, does not raise any question on admissibility of evidence. Her sole specification reads as follows:
“Error in the assessment of the amount of the recovery, in this, that thе amount is too small.” . .
Suffice it to say that appellant dоes not cite any authority for her argument that the court committed error in permitting evidence to be considered by which appraisers first evaluated on a square-foоt basis. Appellant does cite authority for the proposition that this court does have authority on appeal to reverse an award where the damages arе too small.
We conclude, however, where the evidеnce is in conflict, as it was in this case with six (6) appraisers testifying that it was solely within the province of the jury to arrive ' at a proper verdict of value. Where there is a cоnflict in the evidence the jury performs its proper function by considering the evidence and arriving at its verdict and it is the duty of this Court to sustain the verdict of the jury if there is evidence in the record to support such verdict.
Fowler
v.
Farm Bureau Mutual Ins. Co. of Ind.
(1965), 137
*645
Ind. App. 375,
The evidence in the case at bar is ample to sustain the verdict. The apрellant has failed to demonstrate error.
Judgment is affirmed.
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