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(Download) "State Missouri v. Bloomfield Tractor Sales" by Supreme Court of North Dakota ~ Book PDF Kindle ePub Free

State Missouri v. Bloomfield Tractor Sales

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eBook details

  • Title: State Missouri v. Bloomfield Tractor Sales
  • Author : Supreme Court of North Dakota
  • Release Date : January 15, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

This is an appeal by the State Highway Commission (hereinafter called "Highway") from a judgment based on a jury verdict assessing damages to defendants McClard (hereinafter called "Owners") in the sum of six thousand dollars. Highway undertook to straighten and improve Supplementary Route SE (which will be referred to as Farm-to-market Route E) which ran south of Bloomfield in Stoddard County. In so doing, Highway condemned Owners tract which lay on the south side of such Route E. The tract extended approximately two hundred feet east and west along the road. It was sixty-five feet deep (north and south) on the west end and tapered down to a ten-foot depth at the east end. It contained a total of 14/100 of an acre. This property was just outside the city limits of Bloomfield (population 1,330 by 1960 Census) and, by Owner Andrew McClards testimony, "hardly a fourth of a quarter" east of the intersection of said Route E with north-south State Highway No. 25. By the testimony of the State Highway Engineer, it lay "approximately six hundred some odd feet" east of such intersection. On the west end of the tract was a building forty feet by forty feet. This building was made of tin, with a self-supporting roof - that is, it had no posts except along the walls. The building had a dirt floor. Owner Andrew McClard testified that the building was approximately fifteen years old. When built, old or used tin had been used (only) on the back and "a little bit" on the west end. He had purchased the building, then vacant, approximately five years before from a former employer at a price of one thousand dollars. Since then he made some minor repairs, including the installation of a "tin horn" (we dont know what that is) and the graveling or regraveling of the driveways. He used the building for a repair shop, his principal business being the repair of farm machinery. He was of the opinion the property was worth sixty-five hundred dollars.


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