1977

Bunch v. State Highway & Transp. Comm’r

Supreme Court of Virginia

217 Va. 627, 231 S.E.2d 324

At trial on petition to obtain 1.09 acres and determine damage to residue, commissioners awarded $2,360 for take and $12,256 for residue. Landowners’ own expert had testified the land taken was worth $1,790 and the residue damage was $6,530. On motion of the Commissioner, trial court ordered remittitur of $5,726. Supreme Court affirmed. While the report of the commissioners is entitled to great weight, the trial court has the same power over the report that it does over verdicts in civil cases. If the trial court finds the verdict plainly excessive and orders remittitur, it will not be disturbed on appeal if the recovery after remittitur bears a reasonable relation to the damages disclosed by the evidence.

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