Slone v. Sturgill

DUNCAN, Justice.

This action was commenced in the Knott County Court to condemn a private pass-way over appellant’s land pursuant to the provisions of KRS 381.580 to 381.630. The jury in the circuit court found necessity for the passway and awarded appellant $450 as the value of the land táken and incidental damage to the remainder. Appellant insists, as his sole ground for reversal, that the evidence does not sustain the finding of necessity.

The evidence discloses that appellant’s land lies between appellees’ land and the state highway. The appellees, who reside upon their land, must cross…