Strickland v. Mississippi State Highway Commission, 41580

• Decision Date: 28 November 1960
• Docket Number: No. 41580,41580
• Citation: 124 So.2d 696,240 Miss. 7
• Parties: Ethel Pearson STRICKLAND & W. E. Strickland v. MISSISSIPPI STATE HIGHWAY COMMISSION.
• Court: Mississippi Supreme Court

Page 696

124 So.2d 696

240 Miss. 7

Ethel Pearson STRICKLAND & W. E. Strickland v. MISSISSIPPI STATE HIGHWAY COMMISSION.

No. 41580.

Supreme Court of Mississippi.

Nov. 28, 1960.

George D. Maxey, Deavours & Hilbun, Laurel, for appellants.

Boyd & Holifield, Laurel, for appellee.

ARRINGTON, Justice.

This is an eminent domain proceeding which originated in the County Court of the First Judicial District of Jones County by the Mississippi State Highway Commission against the appellant, Ethel Pearson Strickland and W. E. Strickland. There was a jury verdict and judgment entered in the amount of $6,900. A motion for a new trial by the Mississippi State Highway Commission was overruled and the Commission appealed to the Circuit Court of Jones County where the court held that the damages were excessive and ordered a reversal in the case unless the landowners entered a remittitur in the amount of $2,300 within ten days. The landowners declined to enter the remittitur and appealed to this Court.

After a careful investigation of the facts in this record, we are of the opinion that the circuit court was correct in finding that the damages were excessive and in ordering a remittitur of $2,300. Therefore, it follows that the judgment of the circuit court should be affirmed and remanded for a new trial, unless within ten days from this date a remittitur in the amount of $2,300 is entered herein. If such remittitur is so entered, a judgment for the remaining amount in the sum of $4,600 will be entered.

Affirmed.

HALL, P. J., and LEE, KYLE and HOLMES, JJ., concur.