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COMMONWEALTH v. CITIZENS ICE & FUEL CO.

365 S.W.2d 113 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. CITIZENS ICE & FUEL COMPANY, Appellee.

Court of Appeals of Kentucky.

February 15, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., Paul E. Hunley, Dept. of Highways, for appellant.

Glen H. Stephens, W. L. Rose, Williamsburg, for appellee.

PALMORE, Judge.

This is a highway condemnation case. The Commonwealth's appeals in the two Mahan cases (tracts 78 and 78-B) having been dismissed on motion, our consideration here is limited to the Citizens Ice and Fuel Company case (tract 78-A).

Appropriately, appellee cites Whallen's Ex'rs v. Moore, 1933, 248 Ky. 348, 58 S.W.2d 601, 602, for a correct statement of the principles applicable to the granting of a new trial. Omitting citations therein, the complete...

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