Commonwealth, Department of Highways v. Howard

WILLIAMS, Judge.

In the Bell Circuit Court the appellee Sudie Howard was awarded $6,500 for .46 acre of land condemned by appellant. The judgment is attacked on two grounds: (1) The verdict is excessive and based on naked opinions of witnesses as to values rather than on statements of fact; (2) reversible error was committed when the circuit court refused to permit the Commonwealth’s witnesses to testify concerning sale prices of comparable properties.

The landowner’s witnesses possessed the necessary qualifications to testify concerning the value of the land taken. The evidence given by them…