West Virginia Department of Highways v. Delta Concrete Co.

The appellant in this eminent domain proceeding, Delta Concrete Company, was awarded $117,755 for land condemned by the West Virginia Department of Highways [Department]. On appeal, Delta contends that the Circuit Court of Ohio County erred in refusing the admission during trial of photographs and other evidence which would have shown that the condemned property was suitable for a river dock facility. Delta also contends that the jury’s verdict was contrary to the weight of the evidence adduced.

We conclude that the rejected evidence was merely cumulative and that the jury’s verdict was…