Commonwealth, Department of Highways v. Roberts

MONTGOMERY, Judge.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment in favor of William R. Roberts and wife awarding $1,000 for permanent right of way and $6,750 for damages to the remaining land. The case was tried prior to the decision in Commonwealth, Department of Highways v. Sherrod, Ky., 367 S.W.2d 844. The Commonwealth contends that the trial judge erred in admonishing the jury that it could award damages to the remaining property by reason of the loss of a service road.

The property taken was for the improvement of U. S. 41 south of Henderson by construction…