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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. FISTER

373 S.W.2d 720 (1963)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Ed FISTER et al., Appellees.

Court of Appeals of Kentucky.

October 25, 1963.

Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen.; William A. Lamkin, Jr., Asst. Atty. Gen.; James B. Stewart, Dept. of Highways; Frankfort, for appellant.

Robert M. Odear; C. Gibson Downing; Gladney Harville; (Stoll, Keenon & Park), Lexington, for appellees.

CLAY, Commissioner.

In this highway condemnation suit the jury awarded the property owners approximately $44,000. (The Commissioners' award had been $41,477.) The Commonwealth contends the award was excessive and was substantially attributable to the introduction of incompetent evidence.

The tract involved contained 4½ acres situated at the corner of the Lexington-Richmond Road and the Mt. Tabor Road in Fayette...

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