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CITY OF WILLIAMSTOWN v. WALLACE

316 S.W.2d 373 (1958)

CITY OF WILLIAMSTOWN, Kentucky, a Municipal Corp. of the Fifth Class of Grant County, Kentucky, et al., Appellants, v. Robert WALLACE et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 24, 1958.

Attorney(s) appearing for the Case

L. M. Ackman, John J. Blackburn, Williamstown, for appellant.

Orie S. Ware, James C. Ware, E. H. Walton, Covington, W. F. Threlkeld, Williamstown, for appellee.

STANLEY, Commissioner.

This is an appeal from a judgment for $9,295 in an eminent domain proceeding to take land for a city reservoir. The jury awarded $5,700 for 19.64 acres taken and direct damages to the remainder of a 67 acre tract owned by the appellee, Robert Wallace. An award of $3,595 was made as incidental or consequential damages to the remaining 47.36 acres under an instruction, which provided for the finding of any damages in excess of any enhancement...

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