COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. BACK


391 S.W.2d 707 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Carl BACK et al., Appellees.

Court of Appeals of Kentucky.

June 11, 1965.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Frankfort, William A. Lamkin, Asst. Atty. Gen., Reed D. Anderson, Jackson, for appellant.

J. Douglas Graham, Campton, Charles Landrum, Jr., Lexington, O. J. Cockrell, Jackson, for appellees.


DAVIS, Commissioner.

This action originated as a property damage suit and has now assumed the characteristics of a "reverse condemnation." The litigation began when Carl and Ethel Back, husband and wife, sued C. D. Juett Construction Company, asserting that Juett had caused substantial damage to their residence by reason of excessive blasting incident to the relocation of a public highway. After the suit had progressed awhile

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