Commonwealth, Department of Highways v. Citizens Ice & Fuel Co.

PALMORE, Judge.

This is a highway condemnation case. The Commonwealth’s appeals in the two Mahan cases (tracts 78 and 78-B) having been dismissed on motion, our consideration here is limited to the Citizens Ice and Fuel Company case (tract 78-A).

Appropriately, appellee cites Whallen’s Ex’rs v. Moore, 1933, 248 Ky. 348, 58 S.W.2d 601, 602, for a correct statement of the principles applicable to the granting of a new trial. Omitting citations therein, the complete quotation is as follows:

“The trial court is vested with a large discretion when passing upon a motion for a new trial, and, unless…