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COMMONWEALTH v. RANKIN

346 S.W.2d 714 (1960)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Charles S. RANKIN et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 23, 1961.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Astor Hogg, Chief Asst. Atty. Gen., J. Sidney Caudel, Atty., Highway Department, Frankfort, for appellant.

Diederich & Lycan, Ashland, James E. Adkins, Catlettsburg, for appellees.

MONTGOMERY, Judge.

Charles S. and Nora Rankin recovered judgment against the Commonwealth through its Department of Highways for $39,200 for land taken and for resulting damages to their property in the condemnation of right of way for a highway. On appeal, the Commonwealth insists that the damages are excessive and that the circuit court erroneously entertained the Rankins' cross-appeal. The question presented in the latter contention has been decided adversely....

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