City of Williamstown v. Wallace

STANLEY, Commissioner.

This is an appeal from a judgment for $9,295 in an eminent domain proceeding to take land for a city reservoir. The jury awarded $5,700 for 19.64 acres taken and direct damages to the remainder of a 67 acre tract owned by the appellee, Robert Wallace. An award of $3,595 was made as incidental or consequential damages to the remaining 47.36 acres under an instruction, which provided for the finding of any damages in excess of any enhancement in value of the property by reason of the prudent construction of the lake.

The evidence varies greatly as to the market value of the…