Commonwealth, Department of Highways v. Yates

DAVIS, Commissioned

In this condemnation proceeding the ap-pellees were awarded judgment for $8,000 pursuant to jury verdict. Appellant challenges the judgment on two grounds: (1) The evidence fails to support the verdict, and (2) erroneous admission of evidence that market value had been diminished because of limitation of access to the highway.

The original tract from which the right of way is being acquired contained 25 acres. It had frontage of about 775 feet on a state maintained gravel road, known as the Ross Ferry Road. The taking is of 6.17 acres off the entire frontage; the depth of…