Mississippi State Highway Commission v. Williams, 43908

• Decision Date: 11 April 1966
• Docket Number: No. 43908,43908
• Citation: 185 So.2d 154
• Parties: MISSISSIPPI STATE HIGHWAY COMMISSION v. Mrs. Kate M. WILLIAMS.
• Court: Mississippi Supreme Court

Page 154

185 So.2d 154

MISSISSIPPI STATE HIGHWAY COMMISSION v. Mrs. Kate M. WILLIAMS.

No. 43908.

Supreme Court of Mississippi April 11, 1966.

Pack & Ratcliff, Laurel, for appellant.

William Harold Odom, Paul G. Swartzfager, Laurel, for appellee.

INZER, Justice.

Appellant, Mississippi State Highway Commission, filed a petition in the County Court of the Second Judicial District of Jones County, Mississippi, to condemn for highway purposes 10.23 acres of land owned by appellee, Mrs. Kate M. Williams. A trial was had, and after hearing the testimony and viewing the premises, the jury returned a verdict fixing appellee's damages at $15,000. The Commission appealed to the circuit court, and the circuit court found that there was error in the admission of certain testimony, and reversed, unless appellee would consent to a remittitur of $3,000. Appellee refused to consent to the remittitur, and a new trial was had in circuit court. The jury returned a verdict for $25,000, and a judgment was entered accordingly. A motion for a new trial was overruled, and the Commission appealed to this Court. The Commission contends on this appeal, among other things, that the jury's verdict on which the judgment was based is so grossly excessive as to evince bias, passion and prejudice. We are in agreement with this contention.

The proof in this case shows that appellee is the owner of about fifty acres of land located on the west side of U.S. Highway 11, about one and one-half miles north of the city limits of the City of Laurel. Her land consists of two tracts, thirty acres of which are in the southwest part of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 22, Township 9 North, Range 11 West, and the other twenty acres are in the northwest part of the Southwest 1/4 of the same section, township and range. The two tracts corner, and there is an old road that connects the tracts. The land taken for right-of-way purposes traverses the 30-acre tract from the south in a northeasterly direction, leaving 18.6 acres west of the land taken. The land taken is to be used in the construction of Interstate Highway 59. This is a non-access highway, and after the taking, appellee has no access to the 18.6 acres.

Appellee resides in her home on the 20-acre tract on the west side of Highway 11. The frame dwelling contains 1260 feet of floor space and is equipped with all modern conveniences. To the rear of the house are two small cribs of no great value, and to the north of the house was a vacant brick store building, which was formerly operated by appellee as a mercantile business. This building has been removed since these proceedings started. There is also located on this tract a lake covering about two acres. This lake is used for the purpose of irrigating the lawn and shrubs around the house and as a fish pond. None of these improvements were taken or damaged.

The proof shows that in order for appellee to gain any access to the 18.6 acres west of the land taken it will be necessary for her to obtain a right-of-way from several landowners, and if such right-of-way is obtained, that she will have to travel several miles from her home to reach the property. There were no improvements of any kind on the land taken, or on that part without access. The land is timberland, and so far as the record shows, it has never been used for any other purpose. There was very little, if any, merchantable timber thereon at the time of taking. The timber growing on the land is pine and hardwood. There are some pine suitable for poles, and some timber suitable for pulpwood. The record is silent as to when the timber was last cut from the land. The land taken and that without access is not level land, but consists of hills and hollows. Tallahalla Creek crosses the...