McConn v. Commonwealth, Department of Highways

Opinion by

Mr. Justice Jones,

The basic issue on this appeal is whether the grant of a new trial in this eminent domain proceeding on the ground that the jury’s “verdict [was] against the weight of credible evidence and thus [was] inadequate” constituted an abuse of judicial discretion.

On April 6, 1961, the Commonwealth, for the purpose of constructing a limited access highway known as Interstate Route 70, condemned 4.643 acres of an 80.556 acre tract of land located in Donegal Township, Washington County, and owned by Richard J. McConn and Mary McConn, his wife. This tract of land was used for…