Lyons v. United States

PER CURIAM. This case is before the court oi} appeal of appellant, John E. Lyons, owner of a parcel of land referred to in the record as Tract No. 445* located in- Meigs County, Ohio, over which an easement for public use was condemned by the United States of America. The questions presented are: first, whether the granting of appellant’s motion-for a continuance to a later term of the court operated to discharge a special panel of twenty-seven jurors which, in the preceding term, had been empaneled arid sworn and had viewed the premises of the appellant along with those of others whose property was being taken, and where appellant and other land owners had stipulated and agreed with the United States of America for the selection of the special panel of twenty-seven, and after said panel had viewed the premises, had agreed that each of the condemned parcels should be separately tried before twelve jurors selected from the twenty-seven; second, whether the court erred in peremptorily instructing the jury to return a verdict of $470 as compensation for the taking of the easement over appellant’s lands; third, whether the judgment entered by the court was contrary to the verdict of the jury. The first point raised by appellant is without merit.