Sechler v. Commonwealth

COFFROTH, P.J.,

In this eminent domain case, defendant Commonwealth has moved for a new trial following a jury verdict for plaintiffs for $56,000 found payable as just compensation for a taking of portions of plaintiffs’ farm for highway purposes. The new trial motion raises the following alleged trial errors:

1. Admission of testimony of noise and annoyance from highway traffic as a factor affecting fair market value of the property, and refusal by the trial judge (Cofffoth, P.J.) to instruct the jury that such noise and annoyance could not be taken into consideration;

2. Rulings on…