Commonwealth, Department of Highways v. Callihan

WADDILL, Commissioner.

In this condemnation proceeding to obtain right of way for the relocation of U S 2S-E about four miles south of Barbour-ville, the appellee-landowners were awarded $9,000. The Commonwealth urges that the judgment should be reversed for lack of sufficient competent evidence to support it and because of prejudicial argument to the jury.

The appellees owned a 44.15 acre tract of land fronting on U S 25-E. By this action the Commonwealth took 3.8 acres in fee, .02 acre for a permanent easement and .03 acre for a temporary easement. The only improvements taken included septic…