State Highway Commissioner v. Fairmac Corp.

The State Highway Commissioner of Virginia (Highway Commissioner) alleges that the trial court erred in admitting certain evidence of special damage and in granting an instruction on special damage at the hearing before the trial commissioners. Fairmac Corporation has filed a motion to dismiss this appeal on the ground that the Highway Commissioner has failed to properly preserve his objections.

We do not reach the merits of the assignments of error as we find the motion to dismiss is well taken.

The Highway Commissioner did not file written exceptions to the report of the trial commissioners.…