Legal Opinion

Smick v. Commonwealth

Court of Appeals of Kentucky (pre-1976)

Decided May 14, 1954PublishedCited by 19 opinions

1Opinion of the Court

CULLEN, Commissioner.

In condemnation proceedings by the State Highway Department and the City of Louisville, in the county court of Jefferson County, to condemn for an “inner belt” highway certain land owned by James Smick and wife, the commissioners awarded damages in the amount of $4,750. On appeal to the circuit court by the Smicks, a jury reduced the award to $3,500, consisting of $2,300 for the land and improvements taken, and $1,200 for damages to the remaining land. The Smicks have appealed, contending that the damages are inadequate.

The Smicks’ land consisted of a lot in a residential…

2Cases cited2 opinions

  1. Big Sandy Ry. Co. v. DilsCourt of Appeals of Kentucky · 1905
  2. Louisville, St. Louis & Texas Railroad v. BarrettCourt of Appeals of Kentucky · 1891

3Cited by19 opinions

  1. State Ex Rel. State Highway Commission v. ClevengerSupreme Court of Missouri · 1956
  2. Commonwealth, Department of Highway v. RankinCourt of Appeals of Kentucky (pre-1976) · 1960
  3. Lehman v. Iowa State Highway CommissionSupreme Court of Iowa · 1959
  4. Pierson v. Commonwealth, Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1961
  5. Commonwealth, Department of Highways v. RaybourneCourt of Appeals of Kentucky (pre-1976) · 1963

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