City of Danville v. Smallwood

MOREMEN, Judge.

The question on this appeal is whether appellant, City of Danville, by improperly constructing a storm sewér, took private property belonging to appellees Smallwood for a public purpose for which compensation must be paid under Section 242 of the Kentucky Constitution. After trial the court entered judgment awarding damages for the taking — -hence this appeal.

The Smallwoods purchased the house and lot here involved in 1956. The lot is located on the south side of East Main Street which extends in an east and west direction and slopes down hill to the east. The grade is…