Koontz v. Commonwealth

Opinion by

Mr. Justice Jones,

The question here involved is whether an alleged taking by the Commonwealth of a portion of the plaintiff’s property in connection with a certain highway improvement presented a question of fact for the jury or a question of law for the court on the basis of the evidence adduced at trial. It is the Commonwealth’s contention that, according to the official highway plan approved by the Governor, none of the plaintiff’s property was taken for the improvement and that, consequently, the plaintiff is not entitled to damages. The learned trial judge overruled the…