Commonwealth, Department of Highways v. Campbell

VANCE, Commissioner.

This is an appeal by the Department of Highways from a judgment in a condemnation case upon the grounds that the instructions to the jury were erroneous.

The instructions complained of were as follows:

“ * * * Therefore, you shall find as you believe from the evidence;

“(a) The fair market value of the tract of land as a whole immediately before the taking. This amount will be between $95,000.00 and $64,885.00, the highest and lowest before value testified to in the evidence.

“(b) The fair market value of so much of the tract as remains immediately after the taking,…