West Virginia Department of Highways v. Berwind Land Co.

McGraw, Justice:

This case comes before us on appeal from the final order of the Circuit Court of Fayette County which denied a motion for a new trial made by the appellant, Berwind Land Company, at the close of the eminent domain proceedings below. The jury in that case returned a verdict finding the appellant entitled to the sum of $58,500 as just compensation for real property taken by the appellee, the West Virginia Department of Highways, for public road purposes. The appellant’s primary assignment of error is the refusal of the trial court to permit the appellant to prove the value of…