Citation Numbers: 301 S.W.2d 891
Judges: Sims
Filed Date: 5/3/1957
Status: Precedential
Modified Date: 10/1/2021
This is a motion for an appeal from a judgment entered in the Powell Circuit
Appellant contends that the damage is excessive and relies upon Salt River Rural Electric Cooperative Corporation v. Thurman, Ky., 275 S.W.2d 780, to support its position. We pointed out in Tennessee Gas Transmission Company v. Teater, Ky., 252 S.W.2d 674, that there is no hard and fast rule to use in determining damages in condemnation proceedings.
Appellees properly showed, under the rule announced in Miller v. King, 278 Ky. 151, 128 S.W.2d 621, that part of their property was very near the city of Stanton and was adaptable for building or subdivision purposes which would be injured by the installation of a transmission line carrying approximately 69,000 volts.
The verdict is amply supported by the evidence introduced and we have found no error prejudicial to appellant’s substantial rights.
The motion for appeal is overruled and the judgment is affirmed.