ADAMS CONSTRUCTION COMPANY v. BENTLEY


335 S.W.2d 912 (1960)

ADAMS CONSTRUCTION COMPANY, Inc., Appellant, v. Palmer BENTLEY, Jr., et al., Appellees.

Court of Appeals of Kentucky.

May 20, 1960.


Attorney(s) appearing for the Case

F. Byrd Hogg, Whitesburg, for appellant.

Harry M. Caudill, J. L. Hays, Whitesburg, for appellees.


PALMORE, Judge.

This is an appeal by the operator of an asphalt mixing plant from a $2,500 judgment awarded the appellees for diminution in the value of the use of their property during the maintenance of a temporary nuisance. The existence and disagreeable effects of the nuisance were amply proved, and no question is raised as to appellant's liability. It is contended, however, that the trial court should have sustained appellant's motion for a new trial on the ground...

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