COMMONWEALTH v. CARLISLE


363 S.W.2d 104 (1962)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Edward J. CARLISLE et al., Appellees.

Court of Appeals of Kentucky.

December 14, 1962.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., Leslie Aberson, Dept. of Highways, Frankfort, Frank D. Berry, Madisonville, for appellant.

Neville Moore, Moore & Morrow, Madisonville, for appellees.


CULLEN, Commissioner.

The Commonwealth of Kentucky, Department of Highways, appeals from a judgment in a highway condemnation suit awarding Edward Carlisle and wife $16,000 damages in accordance with a jury verdict fixing $13,400 as direct damages for the taking of a portion of a tract of land and $2,560 as resulting damages to the remainder of the tract. The Commonwealth maintains that the verdict was not sustained by sufficient evidence and is excessive.

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