Moyer v. Commonwealth

Opinion by

Judge Wilkinson,

In this eminent domain case, property was taken for highway purposes. The Board of Viewers awarded $16,525.00. The Commonwealth appealed to the Court of Common- Pleas and the jury returned a verdict in favor of the condemnee-appellee in the amount of $21,000.00. The condemnor-appellant filed a motion for a new trial which was denied. It is from the order denying a new trial that this appeal is taken.

Three grounds are asserted to require a new trial. The first involves the admissibility of evidence. One of appellee’s value witnesses took into consideration, in…