DALTON v. PULASKI COUNTY

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.

Per Curiam

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 said case.

Reversed and remanded.