1968

Massie v. State Highway Comm’r

Supreme Court of Virginia

209 Va. 365, 164 S.E.2d 696

At trial for just compensation, commissioners awarded landowner $18,000 for the take and $6,750 for damage to the residue. Trial court held that damages to the residue were not supported by the evidence. Trial court directed that the landowners remit $6,000 of that award or face a new trial. Supreme Court reversed and remanded. The trial court had no right to substitute its finding for that of the commissioners. The trial court cannot reduce the amount of the verdict simply because it disagrees with it. There was no showing that the commissioners acted with any corruption or prejudice. In addition, the Commissioner did not file any exception to the amount of the residue award in the lower court.

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