Commonwealth v. Carson

Opinion op the Court by

Judge Fulton

Affirming-in part and reversing in part.

This appeal is from a judgment entered on a verdict fixing the damages at $1,800 in an action filed by the Commonwealth to condemn approximately four acres of land as a right-of-way for the construction of a highway.

The petition for condemnation was filed in the county court December 21, 1939. Commissioners appointed by the court filed their report on January 8, 1940, fixing-the appellees’ damage at $1,000. No summons was issued on the report, but apparently an agreement was made as to a date for trial — this is not…