Commonwealth Department of Highways v. Martin

DAVIS, Commissioner.

In this condemnation proceeding the jury fixed “before” value at $50,000, “after” *303value at $41,500, resulting in a verdict for $8,500. The lowest “after” value expressed by any appraisal witness was $43,250. The condemnor’s motion for new trial was sustained by the trial court upon the authority of such decisions as Commonwealth, Department of Highways v. Wynn, Ky., 396 S.W.2d 798; and Commonwealth, Department of Highways v. Creason, Ky., 402 S.W.2d 426. This court’s decision in Stucker v. Bibble, Ky., 442 S.W.2d 578, published shortly after the trial court’s ruling…