Commonwealth, Department of Highways v. Cochrane

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, along the watershed line, the Department of Highways constructed a new highway which required cuts, and a fill approximately 35 feet at…