Washington v. United States

In this condemnation action there is involved the taking by the United States of America, hereafter called the United States, of a secondary road belonging to the State of Washington, hereafter called the State. After trial before a jury, and the return of a verdict in favor of the State for $581,721.91, the trial court determined that “no substantial evidence was adduced in the trial of said cause establishing or tending to establish the necessity for a replacement” of the state highway taken. The trial court set aside the verdict, and directed judgment be entered for the State in the sum of $1.00 as nominal damages. 1 This ruling, and the judg *37 ment entered pursuant thereto presents the principal question in the case on appeal, namely:

Did the district court properly set aside the jury verdict, on the ground that there was not substantial evidence to support the jury’s findings, that there was a reasonable necessity for the replacement of the highway taken by the United States?

Other questions raised, concern the exclusion of certain evidence, and a motion made prior to the argument of the appeal to remand the case for the purpose of taking other evidence as to the then…