This is an appeal by john w howard a condemnee in proceedings to establish the value of 41487 acres of land and easements for waste on 1034 acres in peach county taken for the construction of highway i 75. The highway commissioner took 044 acres of w m howards land which abutted on routes 522 and 3 a two lane highway occupying the same roadbed for the construction alteration and maintenance of intersecting highway route 29. The highway department argues the trial court erred by failing to charge the jury on assumption of risk because howard admitted to seeing the highway departments tractor working along the side of the road before he collided with it we disagree assumption of risk is an affirmative defense 4 creighton v coligny plaza ltd partnership 334 s . Barnwell v state 567 so2d 215 217 miss1990 we also examine the evidence at the last time that a motion attacking its sufficiency was made wetz v state 503 so2d 803 807 08 n 3 miss1987 here that was the post trial motion for a jnov 5 aggravated assault has the following elements. Project overview the project will replace the howard county route v bridge over doxies creek northeast of glasgow the new bridge will be six feet wider will have additional guardrail on the bridge ends and will increase safety on the bridge
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