City of Hazard v. Eversole

Opinion oe the Court by

Judge Richardson

Affirming.

This is the second appeal of this case. See 237 Ky. 242, 35 S. W. (2d) 313. On the first trial in the circuit court a judgment was entered in favor of the appellee against the appellant for the sum of $2,000, for the taking of his land for street purpose without first making just compensation for the property taken. WHien the case was before this court on the former appeal, no question as to the sufficiency of the petition to state a cause of action was made by the appellant. It is an established rule that where the sufficiency or insufficiency…