Commonwealth, Department of Highways v. Teater

PALMORE, Judge.

This is a highway condemnation proceeding in which the state appeals from a judgment awarding the landowners $7,500 for a 4.69-acre strip extending through the middle of their 166-acre farm.

The arguments in support of the appeal are (1) that the trial court erred in refusing to strike the testimony of Hogan Teater, one of the owners, and of C. M. Hulette, another witness; (2) that the state was prejudiced when counsel for the owners in his closing argument called one of the jurors by name; and (3) that the award was excessive.

The farm adjoins the south city limits of Lancaster…