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COMMONWEALTH v. CLARKE

340 S.W.2d 442 (1960)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. John C. CLARKE et al., Appellees.

Court of Appeals of Kentucky.

November 23, 1960.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Chief Asst. Atty. Gen., Lawrence L. Pedley, Atty., Dept. of Highways, Frankfort, for appellant.

Thomas Phipps, Chesley Lycan, Ashland, for appellees.

CULLEN, Commissioner.

The Commonwealth, through the Department of Highways, appeals from a judgment awarding John C. Clarke and wife the sum of $60,000 for land taken and for resulting damages to their farm in the condemnation of right of way for a highway.

The award of the commissioners in the county court was in the amount of approximately $43,000. The Commonwealth appealed to the circuit court and the Clarkes...

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