Commonwealth, Department of Highways v. Castle

DAVIS, Commissioner.

A jury awarded $8,000 to the appellees in this condemnation proceeding. The Department of Highways has appealed from the judgment, asserting that (1) the court should have sustained its motions to strike evaluation evidence offered for the appel-lees; (2) the verdict is excessive and not supported by competent evidence of probative value; and (3) it was error to permit appellees to introduce a subdivision plat.

Before the taking the land involved was a tract of 8.33 acres, divided by existing U. S. Highway 23, situated about nine miles north of Paintsville, about one-half…