Opinion
41034 Record No. 5074.
October 12, 1959
Present, All the Justices.
From the Circuit Court of Pulaski county. Hon. Jack M. Matthews, judge presiding.
Judgment reversed and remanded.
Eminent Domain — Commissioner's Bias Presumed on Facts — Award Set Aside.
When, in a condemnation proceeding, the facts are such that bias on the part of one of the commissioners will be presumed, the award cannot stand and it is not necessary to show that the commissioner was in fact influenced in his decision.
Ted Dalton and James C. Turk, for the plaintiffs in error.
John M. Goldsmith and Robert S. Irons, for the defendants in error.
This case is controlled by the decision rendered at the September, 1959, session of this court in the case of Fannie Lou Harman Collins v. Pulaski County, et al., 201 Va. 164, 110 S.E.2d 184, and for the reasons therein stated the judgment below is reversed and the case is remanded for further proceedings therein consistent with the opinion in this case.
Reversed and remanded.