Commonwealth, Department of Highways v. Pate

CLAY, Commissioner.

In this condemnation case the jury awarded the landowners $40,000 for the taking of an approximately five-acre strip of land through a 75-acre farm. It is contended a mistrial should have been declared and the damages are palpably excessive.

With respect to the first point, it appears that during argument in chambers with regard to some other question, the Commonwealth’s counsel moved for a mistrial on the ground that two of the landowners’ witnesses were observed talking with members of the jury. After making this motion, the Commonwealth’s attorney continued arguing…