Department of Transportation v. Brown

Deen, Chief Judge.

The appellant filed condemnation proceedings for a strip of land of approximately 19 acres running through the center of Brown’s farm, leaving two disconnected areas of 26 and 64 acres respectively. On appeal to a jury appellee was awarded $51,044.66.

1. The condemnor urges that a new trial should be granted because of errors in the instructions on consequential damages which, it contends, led to a grossly inflated verdict. After charging on the measure of damages for the land taken, the court stated that there were two kinds of damages: “I charge you that where the defendant…