COMMONWEALTH v. McGEORGE


324 S.W.2d 811 (1959)

COMMONWEALTH of Kentucky, Department of Highways, Appellant, v. Victoria McGEORGE, Appellee.

Court of Appeals of Kentucky.

May 22, 1959.


Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Astor Hogg, Asst. Atty. Gen., Charles E. Skidmore, Frankfort, F. D. Curry, Harrodsburg, for appellant.

Cleon K. Calvert, Pineville, for appellee.


STANLEY, Commissioner.

In relocating and reconstructing the highway between Pineville and Harlan, the State acquired an 80 foot right of way from Mrs. Victoria McGeorge. The deed, dated April 15, 1953, recites a cash consideration of $1,500 and the "benefits to be derived from the building of the road." During the course of the work, particularly in the construction of an entrance roadway, the adjacent land began to slide. Mrs. McGeorge, through her attorney, made...

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