East Kentucky Rural Electric Cooperative Corp. v. Smith

STANLEY, Commissioner.

The appeal is from a judgment for $4,000 rendered in a proceeding to condemn a right of way for an electric transmission line of 69,000 volts on and over the property of the appellees, D. H. Smith and his wife, Annie Smith.

In the beginning of the trial the court ruled: “that incidental damage to the remainder of the property cannot be offset by advantages to the remainder of the property by reason of the construction of the proposed line or the taking of said easement.” The appellant objected to the ruling and now contends that it is a reversible error.

There is no clear…