Commonwealth, Department of Highways v. Barker

DAVIS, Commissioner.

In this highway condemnation suit, the appellee property owners were awarded judgment of $895.25 by the Rowan County Court. They appealed to the Rowan Circuit Court; the Department of Highways appealed also (we are told in its brief) but dismissed the appeal in circuit court. For our purposes, it is as if no appeal from county court to circuit court was taken by the Department of Highways.

Upon a jury trial in the circuit court, a judgment for appellees in the sum of $3,000 was entered, pursuant to the jury’s verdict. The Department of Highways has prosecuted this appeal as…