COMMONWEALTH, DEPT. OF HIGHWAYS v. COCHRANE


397 S.W.2d 155 (1965)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Robert L. COCHRANE et al., Appellees.

Court of Appeals of Kentucky.

December 17, 1965.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., William A. Lamkin, Jr., Asst. Atty. Gen., Frankfort, Marshall B. Woodson, Jr., Sp. Counsel, Dept. of Highways, Louisville, for appellant.

R. D. McAfee, Richard D. Remmers, Louisville, for appellees.


CLAY, Commissioner.

Appellee plaintiffs brought suit against appellant, Commonwealth of Kentucky, for damages arising out of alleged injury to their land by reason of the construction of a highway. The matter was submitted to a jury, which returned a $5,000 verdict for plaintiffs. The Commonwealth contends it was entitled to a directed verdict on three grounds.

Plaintiffs had a lake on their land an acre and a half in size. Some 1,000 feet from the property...

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