Commonwealth, Department of Highways v. Arnett

Court of Appeals of Kentucky
Commonwealth, Department of Highways v. Arnett, 425 S.W.2d 749 (1968)
1968 Ky. LEXIS 437
Osborne

Commonwealth, Department of Highways v. Arnett

Opinion of the Court

OSBORNE, Judge.

This is the second appeal in this highway condemnation case. At the first trial the jury returned a verdict for $18,000 which this court held excessive on the basis of the *750evidence. Commonwealth, Department of Highways v. Arnett, Ky., 390 S.W.2d 187. On the second trial the jury returned a verdict of $18,500, $500 in excess of the first verdict. The evidence on this trial was not substantially different from that at the first trial. The first decision, therefore, becomes the law of the case. Kentucky Road Oiling Company v. Sharp, 257 Ky. 378, 78 S.W.2d 38.

The judgment is reversed.

All concur.

Reference

Full Case Name
COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS v. Woodrow ARNETT and Lula Arnett, his wife
Cited By
1 case
Status
Published