Commonwealth, Department of Highways v. Rollyson

CLAY, Commissioner.

This is a highway condemnation proceeding appealed by the Commonwealth on the grounds that the verdict was palpably excessive and insufficiently supported by evidence of probative value.

Appellees owned a 15-acre tract on U.S. 25E in Knox County, between Barbour-ville and Pineville. On the land fronting this highway were a substantial brick house, a tourist court and a service station. Behind these buildings was some tillable land, *839and behind that was a hillside partially cleared. The land condemned was a strip about 800 feet in length and 230 feet in width behind the…