Butler v. Commonwealth, Department of Highways

PALMORE, Judge.

The dispositive question on this appeal arises from the alleged misconduct of one of the jurors during the trial of a condemnation case.

On the second morning of the trial, before the Commonwealth had completed the introduction of its evidence and before any valuation witnesses had testified, the witness Lewis R. Long was permitted to appear out of order in behalf of the landowners because it was necessary for him to leave town that day. Immediately after he had given his opinion to the effect that the property in question had a fair market value of $2,000 per acre at the time…