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COMMONWEALTH v. MOYERS

280 S.W.2d 513 (1955)

COMMONWEALTH of Kentucky and Department of Highways, ex rel. W. P. CURLIN, Commissioner of Highways, and McCracken County, Appellants, v. T. J. MOYERS et al., Appellees.

Court of Appeals of Kentucky.

June 17, 1955.

Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., C. J. Waddill, Asst. Atty. Gen., T. W. Johnson, Sp. Asst. Atty. Gen., W. Pelham McMurry, County Atty., Paducah, for appellants.

C. E. Gordon, Earl Osborne, Benton, for appellees.

CAMMACK, Judge.

In March, 1953, the Commonwealth, an appellant herein, sought in the McCracken County Court to condemn the appellees' property in dispute, for a proposed highway between Kentucky Dam and Paducah. The commissioners appointed by the county court fixed the value of the land taken at $2,162.26; fencing $759; timber $300; and awarded nothing for incidental damages to the residue of the property. Since the exceptions filed by the appellees did not put in...

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