COMMONWEALTH v. RAYBOURN


359 S.W.2d 611 (1962)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Wade RAYBOURN et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 21, 1962.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., Paul E. Hunley, Dept. of Highways, Frankfort, for appellant.

H. R. Wilhoit, Grayson, for appellees.


WADDILL, Commissioner.

In a proceeding by the Commonwealth to obtain right of way for the construction of a new highway #60 east of the city of Olive Hill, the landowners, Wade Raybourn and his wife, were awarded $1,500 in the county court for their .93 acre of land taken. They appealed to the circuit court where, upon a jury trial, they were awarded $5,000 for the land and $32,500 for damages to the remainder. From a judgment entered pursuant to this award, the Commonwealth...

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