Commonwealth, Department of Highways v. Hackworth

DAVIS, Commissioner.

This condemnation suit involves the acquisition by appellant of a four-acre tract owned by appellees near Cannonsburg. The principal question is whether reversible error was committed upon the trial when the court refused to permit the jury to view the residence which had been on the condemned tract at time of taking, but moved from it at the time of trial.

The instant taking encompassed all of the tract. At the time of taking there was situated upon the land a residence and some other outbuildings. Although appellant acquired the entire tract, together with its…