Commonwealth, Department of Highways v. Baird

CULLEN, Commissioner.

G. C. Baird and wife recovered judgment against the Commonwealth, Department of Highways, in the amount of $3,-000, for damages to the Baird property found by a jury to have resulted from surface water the flow of which was accelerated by construction of an I-highway on a right-of-way adjoining the Baird property. The department has appealed, asserting various grounds of error, the first of which is that the department’s motion for a directed verdict should have been sustained because the evidence did not establish any basis for liability on the part of the department.

The…