STATE v. WEATHERLY

No. 6628.

352 P.2d 1010 (1960)

67 N.M. 97

STATE of New Mexico, ex rel. STATE HIGHWAY COMMISSION OF NEW MEXICO, Plaintiff-Appellant, v. W. H. WEATHERLY et al., and William E. Griffith, Defendants-Appellees.

Supreme Court of New Mexico.

May 31, 1960.


Attorney(s) appearing for the Case

Hilton A. Dickson, Jr., Atty. Gen., Charles S. Solomon and Hadley Kelsey, Sp. Asst. Attys. Gen., for appellant.

Grantham, Spann & Sanchez, Albuquerque, for Griffith.


McGHEE, Chief Justice.

This is an appeal by the plaintiff following a jury award of $27,500 and a judgment based thereon for the partial taking of access by it to lands owned by the defendant Griffith abutting a new four-lane divided highway. A 50 foot access with cross-over so traffic could enter or go upon either lane of the highway was left open to the defendant.

The plaintiff has made the following points in its brief in chief:

1. That the lower...

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