Commonwealth, Department of Highways v. Eberenz

WILLIAMS, Judge.

In this condemnation action a jury in the Jefferson Circuit Court awarded the appellees Stephen C. Eberenz and Doris M. Eberenz $14,785.00 as compensation for the acquisition of a portion of their property. In its appeal from the judgment entered on that verdict the Commonwealth has set out numerous alleged errors. We will discuss those points which were properly preserved and might recur on a new trial.

Appellees’ property fronts Preston Street Road, in Louisville, a distance of 137.9 feet. The Commonwealth condemned a 13-foot strip across the front. Partially located on that…