No. 44385 | Miss. | Feb 20, 1967
This is an appeal by the State Highway Commission, appellant, from a jury verdict and judgment of the Circuit Court of Cov-ington County, awarding damages of $30,-000 in eminent domain to Denvil D. Saulters and wife, appellees. The principal question is whether the verdict is so grossly excessive as to require either a reversal or an affirmance with remittitur. We hold it is.
For purposes of precedent, there would be no value in a detailed examination of the facts. In brief, Saulters owned in the City of Collins a tract of 27.11 acres, in the northwest corner of which was situated his residence and a barn. New Highway 49, a controlled-access facility, runs through the
There is not much dispute about the value of the improvements taken, the estimates ranging from $6,000 to $7,500. The differences concern valuation of the land taken, and consequential and severance damages. Three appraisers for the Commission estimated them from $9,000 to $11,-800. The landowner and his appraiser computed damages at $40,100 and $44,575, respectively. Appellees offered no evidence of comparable sales of land similar and of like quality to that involved in this case. Mississippi State Highway Com. v. Rogers, 236 Miss. 800" court="Miss." date_filed="1959-05-25" href="https://app.midpage.ai/document/mississippi-state-highway-commission-v-rogers-1783448?utm_source=webapp" opinion_id="1783448">236 Miss. 800, 112 So.2d 250 (1959). Their witnesses failed to give any other acceptable reasons for their extremely high appraisals. Their evidence did not justify a finding that the highest and best use of the land, in terms of reasonable, proximate probability, was for a residential subdivision. Mississippi State Highway Commission v. Lindsey, 186 So. 2d 194" court="Miss." date_filed="1966-05-02" href="https://app.midpage.ai/document/mississippi-state-highway-commission-v-lindsey-7418302?utm_source=webapp" opinion_id="7418302">186 So.2d 194 (Miss.1966), involving nearby property, reflected only what this Court would accept as a permissible remittitur. The evidence in the instant case must stand on its own merits.
From a careful examination of the record, we are convinced that the verdict of $30,000 is so grossly excessive as to evince bias, passion and prejudice by the jury. The judgment of the circuit court is reversed, and the cause is remanded for a new trial, unless, within ten days after the judgment of this Court becomes final, appellees accept a remittitur of $10,000, thus reducing the aggregate judgment to-$20,000. In that event, the judgment willi be affirmed as so reduced.
Reversed and remanded, unless appellees-accept remittitur of $10,000.