Commonwealth v. Morris

MOREMEN, Judge.

Appellee, Proctor Morris, owns a tract of land in Whitley City. Appellee’s new home stands on a portion of the property and faces Williamsburg Street.

Appellant, Department of Highways of the Commonwealth of Kentucky, has planned a highway over a portion of the property. Condemnation proceedings were instituted in the McCreary Circuit Court and resulted in an award of $8,500 for the property proposed to be taken. Appellant was not satisfied with the judgment entered on the verdict and on this appeal gives the ■ following reasons for reversal

A. The trial court should have…