Commonwealth, Department of Highways v. Dehart

EDWARD P. HILL, Jr., Judge.

The Commonwealth of Kentucky, Department of Highways, is appealing from a verdict and judgment awarding to appellees $25,000 as damages for property condemned for highway purposes. The sole issue is whether or not the verdict is palpably excessive under the “first blush” rule and whether or not it is sufficiently supported by evidence of probative value or so unreasonable as to show the jury rendered it under the influence of passion and prejudice.

Appellant condemned appellees’ entire tract consisting of 5.21 acres of unimproved land situated on Kentucky Highway 32…