COMMONWEALTH v. EVANS


361 S.W.2d 766 (1962)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Jimmie P. EVANS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 7, 1962.


Attorney(s) appearing for the Case

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

William C. Clay, Jr., Mt. Sterling, for appellee.


PALMORE, Judge.

The state, through its Department of Highways, appeals from a judgment of the Montgomery Circuit Court entered pursuant to a jury verdict awarding Jimmie P. Evans $62,454 for land taken and damages resulting from the condemnation of 26.82 acres of the Evans farm incident to the construction of Interstate Highway No. 64 (I-64). It appeals also from a supplemental judgment of the circuit court requiring it to bear the cost of relocating a private gas...

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