Commonwealth, Department of Highways v. Arnett
This text of 425 S.W.2d 749 (Commonwealth, Department of Highways v. Arnett) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 [750]*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.
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Cite This Page — Counsel Stack
425 S.W.2d 749, 1968 Ky. LEXIS 437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-department-of-highways-v-arnett-kyctapp-1968.