Smith v. Commonwealth

Opinion by

Mr. Chief Justice Maxey,

This case originated in a suit for land damages resulting from the improvement of a state highway in Butler County. The plan for the improvement which resulted in the taking of a portion of plaintiff’s land was approved by the Governor on September 17, 1941. At that time the plaintiff owned only 30 acres of land which was affected by the relocation of this highway. On and prior to August 30, 1941, the plaintiff owned a contiguous tract of 75 acres, a portion of which was also condemned for this road improvement, and on that date plaintiff and his wife…