Flynn v. Commonwealth, Department of Highways

CLAY, Commissioner.

In this highway condemnation case the Commonwealth took approximately nine acres of appellants’ 97-acre farm-land tract. It is located on the outskirts of Winchester and had potential adaptability for commercial, industrial and residential use. The jury awarded appellants $21,500. They appeal, claiming' the trial court erred in giving an instruction and in ruling on the admissibility of evidence.

This case strikingly points up the difference between the injury caused a landowner by the taking of a part of his property and *25the injury actually suffered by him by reason of a…